Crime Terminate The Study

As a kind of inchoate conformation, the peculiarity of crime discontinuance is that the discontinuance of crime should be out of the will of the conductor himself, and just at this point, crime discontinuance differs from crime preparation and crime attempt. Crime discontinuance has great significances in the theory of crime construction as well as in criminal policy: In order to understand crime discontinuance better and try to improve legislation and justice concerning crime discontinuance, the author tries to make relatively thorough research on crime discontinuance in this article.This article consists of five parts.The first part concentrates on the history and practical legislation on crime discontinuance at home and abroad. On the basis of making a comprehensive introduction of the history of crime discontinuance, the author finds that there is no definite legislation about crime discontinuance, let alone independent crime discontinuance system in history, and the independent crime discontinuance system in Chinese Criminal Law is a great innovation, it helps to study the theory of crime discontinuance and to enrich criminal law theory.In the second part of this article, the author tries to summarize the features of crime discontinuance. After studying various kinds of doctrines on crime discontinuance in China, the author thinks that there are two kinds of crime discontinuance: ordinary crime discontinuance and special crime discontinuance. As for ordinary crime, it has the following three features: (i)the action of crime discontinuance should take place in special stage: (ii)the discontinuance of crime should be out of the will of the conductor; (iii)the conductor should give up the conduction of crime for ever. And as for special crime discontinuance, it has four features, i.e. except the foregoing three features of ordinary crime discontinuance, the conductor should take effective measures to prevent the result of crime and practically avoid the happening of the crime result.The third part studies the semi-criminal discontinuance. Based on deep research on crime discontinuance's features, the author proposes that our criminal law should prescribe semi-criminal discontinuance. And in this part, the author gives the definition of semi-criminal discontinuance and studies its rationale. On the basis of these, the author points out that in order to establish semi-criminal discontinuance, the following elements should be satisfied: (i)the conductor should give up the conduct of the crime from the bottom of his or her heart; (ii)the conductor should make great effort to avoid the happening of the crime result; (iii)though the conductor's effort to avoid the happening of crime result failed, the reason is beyond the control of the conductor. In the fourth part, the author makes a deep research on crime discontinuance in complicity. The author regards crime discontinuance in complicity as a type of special crime discontinuance. Therefore, the establishment of crime discontinuance in complicity entails satisfaction of four elements. As for the concrete element, the first three elements in crime discontinuance are the same as in special crime discontinuance, but the fourth element is somewhat different. In complicity, in order to constitute crime discontinuance, the conductor should not only take measures to prevent the result of his or her action, but also take measures to prevent the result of his or her accomplice's action and practically avoid the happening of crime result. Moreover, this part studies the elements of crime discontinuance according to the types of accomplices.In the last part of the article, the author makes his suggestions on how to perfect the system of crime discontinuance in Chinese Criminal Law. The author points out that our criminal law should abolish crime discontinuance in the stage of crime preparation, add provisions regulating semi-crime discontinuance, prescribe crime discontinuance in complicity according to the types of accomplices.