Suspension Of Committing A Number Of Issues

As a kind of inchoate conformation, the peculiarity of discontinuance of crime is that the discontinuance of crime should be out of the will of the conductor himself, and just at this point, the discontinuance of crime differs from other kinds of inchoate conformation. The conductor should give up crime out of his will to avoid occurring baleful result in effect. This article is to carry through comprehensive and systematic research on discontinuance of crime and makes suggestions on how to perfect the system of discontinuance of crime.This article consists of six parts.Chapter one firstly gives a brief illumination on legislation generalization about discontinuance of crime home and abroad . On the foundation of it, the author puts forward the conception. Then the author points out that our criminal law should abolish discontinuance of crime in the stage of crime preparation. On the bases of the description above, the author thinks that the elements of discontinuance of crime include following features: (I) the discontinuance of crime should be out of the will of the conductor, (II) the conductor's discontinuation conduct; (III)the result of the crime does not happen; (IV) causality between the conductor's discontinuation conduct and non-realized result exists.Chapter two probes into the semi-discontinuance of crime. Based on deep research on the definition and legislations abroad and the basis of theory. Of semi-discontinuance of crime, the author proposes that our criminal law should prescribe semi-discontinuance of crime discontinuance. And in this part, 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 do his endeavor to prevent from the realization of result; (III) the conductor's effort to prevent from the realization of result failed;(IV) the conductor's effort to prevent from the realization of result failed, though, the reason is beyond the control of the conductor.Chapter three studies whether potential damage offense and behavioral offense exist discontinuance of crime. The author regards after accomplishing offense of potential damage offense, there is no room for discontinuance of crime. But time of the standard of...