The Identification Of An Accomplice Suspension

Common crime is a criminal law theory of "despair chapter", in which patterns of crime, the inmates were relatively independent of the other accomplices understand and control their own behavior is an extension of criminal acts, but also the basis for evaluation of their guilt. Crime is a suspension of the positive effects of the crime with unfinished form, is a crime people out of crime "back in the golden bridge." Visible and common crime, the suspension is covered by common crime and criminal suspension of the special combination of two theories of the crime. Thus, in the crime to build an effective suspension system found in the standard of great practical and far-reaching significance.At present, domestic and international research on common crime, the suspension of the few monographs available, and there is no complete theoretical system of its formation. Judicial practice in China, common crime, the suspension is basically in the legislative gaps in the negative state, so often there are different standards and different co-contracting difficulties. In view of this, the author uses the study of literature, comparative research methods and theory with practice, domestic and international criminal law in the present study draws heavily on theory and on the basis of the relevant judicial practice, expand their views and opinions on common crime Criterion of suspension made a "crude" system construction.The main focus of this paper system to the proposed case study, the focus of controversy in the case presented, the author of the concept of a common crime, the suspension, the type are discussed, and its constituent elements were carried out assessment summary. In the automatic identification of the element of respect to the normative legal order as a standard to judge any of the advanced nature and prospects of contrast; in the effectiveness of the identification of the elements, by the "complicity out that" shows the solve the problems of their superiority of the current judicial practice. Determined by the sum of the specific application of the standard, in this case to stop the negative behavior of Zhang is clearly a common crime, the suspension can not be established, and then I rejected the support of the tone of the "personally guilty of" point of view and from the legal effect and social effect of the to support the non-appropriateness of the court. In summary, the case for the implementation of common crime committed type, the author of the suspension of the common forms of crime put forward their own points humble opinion, to guide the judicial practice of more or less, and thus further studies in Accomplice suspension of justice a useful exploration.