The Crime Is The Suspension Of A Number Of Issues

Crime discontinuance ,as a system , is a product of the development of Modern criminal law and science . Ancient Chinese and foreign criminal laws do not distinguish between crime discontinuance and crime attemp,only make crime discontinuance as one case of crime attemp without any basically special treatment, criminal suspension problems began to be paid attention to and gradually developed into a modern criminal legislation generally in the criminal system till the recent study of modern criminal law theory has been done from the objective result to the subjective attempt and from the activity to the Perpetrator. It is the original intention of building the suspension system which emphasizes perpetrator's subjective change and makes a golden bridge for the Perpetrators who abandon the evil. It can be said that crime was the suspension of modern civilization of modern criminal law and the concept of the product innovations, but also criminal law theory one of the fruits of development. As a penal system, how it in judicial practice maximize their positive role, scholars is an issue of general concern. However, crime has long been suspended for the concept of crime, constitute elements of the suspension of common crime, and criminal penalties and other issues the stay there is a controversy. In this paper, and study the above problems, with a view to further enrich China's suspension of crime and improving the theory of criminal legislation benefits.In the first chapter, first of all, on the concept of the suspension of the crime of all viewpoints are compared assessment, obtained in this paper's view that crime suspension, refers to the process of direct intentional crime, the perpetrator automatically give up their criminal acts or crimes automatically result of the effective prevention of crime occurred unfinished stop 10% of the crime patterns. Secondly, the suspension of China's criminal element had a simple analysis, and the timing, automatic and effectiveness of the three aspects to be discussed in detail the composition of criminal elements. That timing is the prerequisite conditions, not in a criminal suspended the time frame requested by the way, are not any of the acts constitute a crime suspension; Automatic is the essence of conditions, it is a crime suspension system embodies the spirit of the legislation is committed and prepared to stay committed, attempted to commit the most crucial distinction lies; effectiveness is the basic condition that only the perpetrator effective in the prevention of crime occurs, the establishment of crime can be suspended. These three conditions complementary and indispensable, and one can stay for the crime played a framework for the establishment of a solid framework.In the second chapter, the article on the establishment of common crime in the suspension of crime carried out in-depth research. Common crime in the crime that the timing and automatic suspension of conditions and there is no larger than a separate crime distinction, and in the effectiveness of a separate crime were very different. An accomplice in the crime on the validity of the suspension of five criteria that a comparative analysis, we think that the validity of an accomplice suspension should have two elements: subjective and suspended the common perpetrators of crime must be automatically cut and other common crimes deliberately linked the common people, and will be a statement of intent the way to inform other common crime; Objectively speaking, the suspension of the common perpetrators of crime must be effectively cut off their own previous behavior and acts of common crime overall with the organic links. This standard, according to an article co-perpetrator different division, were committed to implementation, organization committed to help offenders and abetting found guilty of judicial standards were analyzed.In the third chapter, it made a simple statement to the punishment principle of the first suspension and then it analied the problmes occurring in the the laws of punishment according to China's criminal law .in my opinion ,that China's current criminal law in the suspension makes it as the standards for guilty or not in the internal damage and makes different penalties, denied the differences among the motives of the complicated phenomenons of crime suspension , and the nature of crime etc. it also makes judges restrained,so it is not scientific. Therefore we propose it should be made perfect in the legislation in the future .In chapter IV, the article on improving the suspension of crime legislation made a number of recommendations .we should excluded the possibility of the suspension of crime on the stage of crime preparatory, restrict the scope of time and space after committing crimes, the pursuit of the perpetrators, by the nature of the decision before the actual damage occurs. My Proposals are following : the crime suspension in the common crime should be clearly defined in legislation in order to avoid arbitrarily broking in the judicial practice. The regulations according to China's current criminal law on the punishment of crime suspension should be amended .the criminals who ceased on the way but has caused the damage, should be mitigated their punishment;who Caused no damage,it can be attributed to their objective and subjective factors ,should be waived or reduced their punishment.