The Study Of Wang Gang's Crime Of Robbery

Joint crime theory is the theoretical study of the punishment law is one of the most complex problems, and one of the most complex the most difficult way of joint crime to suspend theory. The suspension of joint crime is common crime a stop form, because their own joint crime is, and joint crime complexity for the suspension of it may be said is that has seen and heard as well as punishment law, make the theory and the judicial practice do not have a unified definition and measuring stick for measurements, the current practice of accomplice to suspend the cognizance of the form uneven, makes the laws applicable in the appearance of many different treatment phenomenon, contrary to the law of unity and fairness. And practice judicial application for the establishment of common people of one who discontinues a crime standard requirements are extremely stringent, made part of accomplice wanted to form an accomplice to suspend the almost impossible, it violated the criminal law is the original intention to prevent crime, but also to encourage part gave up the crime, and consequently, an accomplice in the practice of the current practices brought a lot of disadvantages, and we had to be perfect.From the countries all over the world to see, the mainland legal system of one who discontinues a crime on common that there are three theories, respectively is subjective theory, objective theory, eclecticism doctrine. Germany and Japan are the criminal law of the common special provisions of one who discontinues a crime. In view of joint crime is a very common crime pattern, discontinuance of crime is common is not only a theoretical problem, but also a practical problem, this needs a defined scientific, reasonable and accurate theory or law to guide the judicial organs of the case, so just accord with correctly grasp the basic principle of criminal law and imputation principle. At present, our country criminal law theory of one who discontinues a crime for common was not deep, the existing criminal law and no one who discontinues a crime to common explicit stipulations, the judicial practice often only quoted or with reference to the provisions of the one who discontinues a crime alone handle cases, due to the different judges of one who discontinues a crime on a common understanding of different, often cause different terms, similar case to the verdict of not similar phenomenon, more many cases due to mechanical applicable provisions of one who discontinues a crime, lead to the judicial practice in the "responsibility to misdemeanor heavy punishment does not adapt" phenomenon, contrary to the law of the conviction principle, the damage to the judicial authority.Therefore, our country criminal law about crime termination provisions too vague for the discontinuance of joint crimes, the lack of provisions, is hard to operate in practice, difference is very big, our country criminal law theory about joint offense discontinue the mainstream viewpoint" one accomplished, all accomplished" strict, is not conducive to carrying out the criminal policy of combining punishment with leniency, don't encourage criminals shun evil and learn to do good. Based on the case analysis of the form, profits from the existing research literature and reference foreign legislative cases, through the joint offense discontinue theory and the withdraw from the complicity theory analysis, the conclusion that case analysis, and recommendations for the discontinuance of crime stipulated by the sound, such as: adding common crime termination provisions, introducing quasi discontinuation the provisions of crimes, while increasing the complicity from regulations, to meet in the common crime process, gave up the crime and to prevent the occurrence of criminal results made a sincere effort, but due to limited capacity or other objective reason cause result still occurs, on the behavior of persons identified as complicity from, on the behavior of human can reduce, be exempted from punishment, the hope of China's criminal legislation and judicial practices help.