Crime Terminate The Study

Discontinuance of crime is a state of unaccomplished intentional crime in which the actor stops committing the offence by his own will. In such a state, the discontinuance of the offence is decided by the actor's subjective will, which distinguishes discontinuance of crime principally from the other three states of unfinished purposive crime. The existing criminal law of China treats discontinuance of crime as an independent concept and system among the unfinished states of committing offence, and strictly distinguishes discontinuance of crime from attempted crime in the aspect of both ascertainment and sentence, and stipulates that the actor shall be exempted from punishment or receive reduced sentence according to whether injury is caused. It manifests legislative tendency that legislators pay attention to actors' subjective will, and upholds the principle that the subjective accords with the objective in the Chinese criminal law theory , thus creates a system of discontinuance of crime with Chinese characteristics. However, the stipulation of discontinuance of crime in the penal code of China has not changed much for decades and its regulation is somehow outdated. Therefore, carefully studying relevant criminal law theories and judicial practice and overseas advanced enactments, this author puts forward his in-depth analysis on the definition, character, legislative reason and ascertainment of discontinuance of crime, and coincidence of discontinuance of crime with other unfinished states of offence.There are kinds of definition of discontinuance of crime. By comparatively studying schools of theories, this author defines discontinuance of crime as unfinished state of crime in which the actors, by his own will, gives up the offence or successfully prevents the harmful results from happening in the process of committing direct intentional offence. Its legislative reason in our criminal law is the need of reducing the actor's criminal liability and the demand of criminal police.The research of the characters of discontinuance of crime are analyzed in the aspects of its timeliness, automation, completeness and effectiveness, and their specific contents are individually defined.The next part explores how to define discontinuance of crime of joint offence. After analyzing different views on the standard of defining discontinuance of crime of joint offenders among the academics, this author puts forward his personal opinion, and analyses their particular cases of discontinuance of executing offender, organizing offender, assisting offender and abettor .The article talks about coincidence of discontinuance of crime with other states of unfinished offence. The author holds that when coinciding with other states of unfinished offence, discontinuance of crime ought to be analyzed under the specific circumstances, and that when coinciding with discontinuing committing incapable offence, discontinuance of crime ought to dealt with according to the process of the action.At the last part of the article, the author deals with criminal liability in the case of discontinuance of crime. After briefly introducing different legislative models of criminal liability in the case of discontinuance of crime in other countries and the principle of sentence in our country, this author focuses on the meanings of reduced sentence by comparison and causing injury.