Quasi-suspension Of The Guilty Research

Along with the criminal law theory evolving from objectivism to subjectivism, the stipulation of discontinuation of crime in the criminal law has been adopted by most countries and area. But there are only several countries and areas have stipulated quasi discontinuation of crime, take German, Japan, and Austria and so on for example. The purpose of establishing discontinuation of crime is to "build up a golden bridge" for offender to let him abandon his malignant intention and give up crime. Considering the similarity in the aspect of reduction or even elimination of subjective malignancy between quasi discontinuation of crime and discontinuation of crime, the offender of quasi discontinuation of crime should be treated like the offender of discontinuation of crime.The conception of quasi discontinuation of crime is still unfamiliar to most people. Even in the works of some criminal experts, it is also very difficult to find it. But along with the evolution of the theories, its importance has been found by more and more people. It can lead people to give up crime and made the purpose of punishment realize more easily. Only in this way, the conflicts in the application of criminal law can be avoided. And the purpose of the punishment can be realized. It shoule be noted that due to the responsibility of quasi discontinuation of crime is same with discontinuation of crime, thus we won't give discussion of it.This dissertation is divided into four parts, and approximately 36,000 characters.Part one is about the conception and Characteristic of quasi discontinuation of crime. It begins from the legal regulations of the other countries and area, and analyzes five views given by several authors. Based on them, it reconstructs the conception of quasi discontinuation of crime. Furthermore, in order to protect special legal interest, the result of crime should be explained to be the actual harm. Considering that the offender's malignant intention has reduce or even vanished, it will be improper to process quasi discontinuation of crime according to the regulation of attempted crime.Part two thoroughly discusses the theory foundation of stipulating quasi discontinuation of crime in three aspects: the basement of moral principle, the requirements of criminal law principles and the purpose of punishment, which builds the foundation of adding the regulation of quasi discontinuation of crime in criminal law of PRC.Part three divides the quasi discontinuation of crime into four types according to different conditions that the criminal result has not occurred. And analyzes two conditions in which offender's behavior has not prevented the criminal result.Part four attempts to implement the theory of quasi discontinuation of crime into all situation of the intentional crime, such as the suspended situation of the intentional crime, joint crimes and the form of quantity of crime. Among them, it especially discusses the Gefardungsdelikte, and points out that it's improper to divide the situation of the accomplishment of crime into four types in our criminal theory. Thus the discussion referring to it becomes no values.