On The Common Crime Discontinuance Of Crime

The theory of joint crime and the theory of crime determination are important and difficult question in the theory and practice of the criminal law. Crime determination of Joint Crime is a cross theory concerned with both the theory of joint crime and the theory of crime determination. Criminal jurists in our country have paid attention to this question, but there is not a unified theory in our country. So that there have been many problems in the practice. In this article, the author put forward the criteria of crime determination of joint crime to avoid the confusion of practice through comparing the foreign theory with Chinese theory.Crime determination has been paid attention in the domestic except land area and overseas. Especially take Germany and Japan as representative. The German criminal law has clearly stipulates regarding this question. There is no regulation in Japan criminal law,but Japanese scholar put forward the theory called"separation form joint crime". The theory of crime determination of joint crime is not reasonable in our country, since there is no relation about crime determination of joint crime in our criminal law, and just adopts the criteria of individual crime determination. In order to make up legislative and the theory insufficiency, many scholars advanced some new theories. The paper discussed the research of legislations and advanced theories of domestic and foreign. And then put forward the criteria of crime determination of joint crime which is in the base of"the relationship between reason and result". The criteria of crime determination of joint crime must be concerned from two aspects of subjective and objective:The behavior bases on their will subjectively and gives up the criminality thoroughly; they must cut off the causal relationship between their former conducts and other common perpetrator's causal relation objectively. And further proposes the standard of causal relationship. The cut-off of physical causal relationship refers to cut off the causal relationship between the physical support behavior formerly and other common perpetrator's behavior and result after. The judgment standard is must make the physical condition that created before which other common perpetrators are unable to use objectively. The cut-off of psychology causal relationship refers to cut off the joint offense meaning relation with other common perpetrators. In the case of the criminal intent has been brought about, the behavior must eliminate this criminal intent of other common perpetrators. The judgment standard is the discontinuation of crime's behavior should be realized by other common perpetrators in ordinary circumstances. If the criminal intent has been brought about, they must eliminate this criminal intent or the crime result which caused by this criminal intent. This article classifies the joint crime according to the different functions of each offender in joint crime, and analysis the cognizance of unaccomplished formation on organizing offender, executor, accessory and abettor. What' more, this article discusses the crime determination of joint crime of One-sided Accomplice. At last the author also discusses one controversial issue on crime determination of joint crime in this paper.