Some Thoughts On Crime Suspension

Crime suspension as a form of crime in the unfinished plays an important role in the commission of a crime. Therefore, the study of crime suspension -related issues has the positive sense, which not only can show the improvement and maturity theory of criminal law, but also have the important instruction function to the judicial practice.This article plans from four aspects the related question of crime suspension to carry on the discussion:The first part :the crime suspension existence scope,studies two questions with emphasis in this part; first, the possibility and necessity of crime suspension is whether to establish in the crime preparation stage. If simply looking from the possibility, it may certainly establish the crime suspension in the crime preparation stage, but actually does not have the existence necessity. This is not only suited to the principles of criminal culpability, but also can be based on considerations of criminal policy, to encourage the author before beginning implements the crime to give up the crime automatically. The serious crime which stops in the crime preparation stage ,if it is necessary to be punished, may play the effect of criminal law minute, increasing some new charges in the criminal law minute to give to stipulate specially.The second part: the crime suspension the automatism recognizing, on the judging criteria of automatic nature, it should first adopt a subjective theory that according to people's subjective understanding, to judge whether they can continue to implement and complete the crime, when subjectivism cannot draw the appropriate conclusion, an objective theory that is based on objective facts should be taken to carry on the judgment, the crime has not completed whether author do choose result. Then through discussing specifically difficult issues in the judicial practice according to different situation, a fair conclusion can be drew, confirming the rationality of the above conclusion.The third part: the crime suspension the validity recognizing, three aspects must be grasped: The manner adopted positively immediately the behavior which has prevented sufficiently the harm result occurring; the result has not occurred; there are the causal relations between the result has not occurred and the author adopts the positive behavior. The above three elements in our present circumstances, to determine the validity of effectively preventing the harm results, are indispensable, otherwise it would be very difficult to establish an active crime suspension.The fourth part: waiver repeated violations of the qualitative; this can not be generalized, pure thought that only constitutes the crime suspension or the criminal attempt. It must, according to the specific facts of the case, be carried on the judgment whether to implements the behavior first, if implemented the behavior already finally, then pure waiver repeated violations is automatically is insufficient to establish the crime suspension, only then implemented the behavior not finally, a simple waiver of repeat violations it possible to establish the crime suspension.In summary, this paper on crime suspension bases on the text of China's criminal law and judicial practice,. while making reference to foreign criminal law legislation Style and theoretical research, adopts the comparison analytic method for some hard problems of the crime suspension to obtain some myself thinking, this not can only give the judicial practice, in recognized the hard problem of the crime suspension the guiding sense, but can also supply the useful information of some foreign-related crimes suspension studying.