A Study On Criterions Of Withdraw From The Joint Offense

In our country criminal law, the provisions of paragraph1of article24:"in thecriminal process, automatic give up the crime or automatic effectively prevent crimeresults happen, is one who discontinues a crime."The suspension of joint crime andpersonal crime to suspend are different, it is a case of complex criminal pattern.Common crime and common criminal discontinuation are major subjects toresearch in criminal law, there is a degree of complexity, therefor academics fromdifferent countries hold many different point of views. standards of the commoncriminal discontinuation in Criminal law concern punishment of accomplice.thetheory about common criminal discontinuation has big defects, laws and the relevantprovisions are general and they are difficult to operate in practice. the question aboutcomplicity renunciation in our country has independent research value, it contributesto remedy the shortage of common criminal discontinuation theory. Complicityrenunciation and common criminal discontinuation are closely linked and also has bigdifferences.The author thinks that it is unfavorable to add complicity renunciationtheory to common criminal discontinuation theory complicity renunciation theoryresearch in our country is comparatively backward, what’s more,there are no unifiedjudgment standards in judicial practices. Explore complicity renunciation is in favorof perfecting common criminal discontinuation theory and has important significance,and it is the objective requirement to guide the social life of all kinds of complicatedjoint crime problems.This paper aims to compare the common criminal discontinuation to complicityrenunciation, and to identify the common meanings and scope of the complicityrenunciation; constructing complicity renunciation system; carrying on research aboutrelated theories and criterions of different Joint Offense Forms such as organizationcrime,criminal pattern of crime, abettor and accessory; on the basis of fullyunderstanding of Chinese legislation and practice, profit from the overseas beneficialtheory and practice result, identify the penalty provision of complicity renunciation,perfect our country’s theory and system of complicity renunciation;Through the casestudy in the practice, solve the problems in the practice, promote the progress of thelegal system in our country, the law’s justice and social harmony.This paper is divided into three chapters, the first chapter is related to the problems of complicity renunciation, which includes two sections, the first partintroduces the relationship between common criminal discontinuation and complicityrenunciation, the second part of this paper introduces the foreign related provisionsabout complicity renunciation.The second chapter presents the judgment standardsabout complicity renunciation, first the paper reviewed the specific standards ofcomplicity renunciation, again according to different crime patterns with specificcases are discussed in detail, judgment standards in all sorts of crime patterns underdifferent situation are determined.The third chapter presents the penalties of thecomplicity renunciation systerm, in order to solve practice related problems.