Crime Terminate The Study

Crime termination is a system, which is established and develops gradually, while the criminal jurisprudence evolves from objectivism to subjectivism in the world. In the whole criminal jurisprudence, crime termination may not occupy the most important position, but a lot of problems about this system are worth studying on, both in theory and in judicial practice. Criminal jurists in our country have paid attention to this system in 1980s', but few of them have make an overall and systematic analysis on it, so that the researches in this field haven't got any progress in all these years. In this article, the author takes an comprehensive and thorough discussion on crime termination, by learning from the achievements of researches in other countries, expecting to bring forth some new ideas and to make some progress on this system.This article is divided into four parts, about 40,000 words altogether.The first part: The basic ground of crime termination. This part refers what crime termination bases on, according to criminal jurisprudence. The answer to it can give us a fundamental guidance, when the other aspects of this system are considered. Firstly, the author introduces the controversy about this issue in foreign countries, for jurists in our country concentrate little on it Secondly, the author gives her own idea about this issue, by utilizing the foreign achievements and analyzing the theories in our own country.The second part: The essential elements of crime termination. At first, the author explains the elements of crime termination in individual offence. It is said that the establishment of crime termination requires three elements. That is timeliness, voluntariness, and effectiveness. But how to comprehend and apply them puzzles lots of criminal jurists. So the author interprets them one by one. As regards timeliness, the author discusses mainly whether crime termination can establish in preparatory stage and after the consummation. Then regarding voluntariness, the author researches the standard to apply it As far as effectiveness is concerned, the author illustrates how to comprehend it, by discusses about three particular situations. Besides the contents above, in this part, the elements of crime termination in joint offence is also demonstrated, for there are some differencesbetween individual offence and joint offence.The third part: The criminal liability of crime termination. If the part above involves the determination of crime termination, this part deals with the penalty for crime termination. Firstly, the author does the simple introduction to the legislative modes of liability in foreign countries. Then the author thinks over the relevant legislation of our own, and points out the defect in itThe fourth part: The conclusion—the perfection of crime termination in legislation and in judicial practice. In conclusion, the author gives some suggestions on how to reform the system of crime termination in legislation and in judicial practice, hoping to contribute to the researches of this system.