Crime To Suspend The Study Of Difficult Problems

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 should occupy the important position, 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 most of them only investigated and discussed the basic of crime termination, so that there have been many problems in the practice . In this article, the author studies on the relevant law problems of discontinuance of a crime through pass history direction and real lateral parallel science method, expecting to bring forth some new ideas and to make some progress on this system.This article is divided into four parts, about 30,000 words altogether.The first part: From to stopped the evolution which violated beginning, to elaborate the crime stopped origin and development. The early crime stops is the stipulation in crime attempted in, this part stopped the evolution to the overseas various countries which violated carrying on the explanation, and introduced our country stopped the evolution which violated.The second 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 third part: The behavior of automatically relieving the dangerous state. This part investigates and discusses the problems which can be met with in the practice. How can we determine the behavior of automatically relieving the dangerous state? Theoretically, there exist three doctrines, they are the doctrine of accomplishment of dangerous offense, which is the popular opinion, the doctrine of discontinuance of dangerous offense and the doctrine of discontinuance of real damaging offense. This essay agrees to the doctrine of discontinuance of real damaging offense based on the comment and analysis.The fourth part: 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 firstly points out that in order to establish semi-criminal discontinuance, the following elements should be satisfied: the conductor should give up the conduct of the crime from the bottom of his or her heart; the conductor should do his endeavor to prevent from the realization of result; the conductor's effort to prevent from the realization of result failed; the conductor's effort to prevent from the realization of result failed, though, the reason is beyond the control of the conductor. Secondly, from the angles such as ethics and balance of corporal punishment, the author discusses the basis of the theory. Last, The author sums up the types which should be included in the semi-discontinuance of crime.