Common Crime Terminate The Study

Crime determination is the unfinished criminal pattern in which the criminal give s up the criminal behavior or prevents the criminal effect self-motionly. At present, the countries in the world release or exempt the penalty to the crime determination in order to encourage the criminal to quit the crime in time. To the determination of the desistance of crime in the individual crime, there is no big question. But to the determination of the desistance of crime in the joint crime, there is many questions. The reason is that crime determination and joint crime are both criminal patterns. Crime determination of joint crime is the joint result which must have two patterns. The result is that the determination of joint crime must adopt other effective measures not only adopt the measures in the individual crime determination.In the world, there is a debate between objectivism and subjectivism in the crime determination of joint crime. But in china, there is no legislation of crime determination of joint crime. In judicial practice, we adopt the view of objectivism, that is to say, adopt the standards in individual crime, that. In other words, if the criminal has prevented the termination of the crime or prevented criminal effectively, crime determination exists;otherwise, crime determination dos not exist. This view is not in accord with the original intention of the crime determination that is to set up a golden bridge for the criminal to withdraw. If the requirements for the crime determination are too strict, it is not beneficial for the joint criminal too make the way for the crime determination.As we all know, the present criminal theory is developing from objectivism to subjectivism. So the crime determination of joint crime is not only in the base of the objective result but also the subjective factors, that is to say we should determine the crime determination of joint crime in terms of the combination of the objectivity and subjectivity. In order to fit the developing trend, many countries that hold objectivism in the crime determination begin to take it into account, and make some amendments accordingly, for example the position of the Japanese Separation of the joint crime.In this article, the author offers the reference for the Chinese perfection of the crimedetermination of joint crime in the base of the foreign crime determination of joint crime: at first, we should regard the Theory of Reason as the criterion of the crime determination in theory, that is to say, adopt the combination of the objectivity and subjectivity. If the criminal has made great effort, regardless of the objective result, crime determination exists. Secondly, we should make legislations of the crime determination of joint crime and supply the legal base for the determination in judicial practice.