Game Analysis Of Discontinued Crime

Discontinuation of crime, as one of the stopping forms of intentional crime, the criminal legislation of various countries had regulated the punishment principle of lenient treatment, and the extent is bigger than that of unaccomplished crime. Through the comparison on the theory and doctrine of mitigating punishment basis to discontinued criminal by civil law countries and Chinese scholars, this paper, at its opening, had advocated to carry out analysis on mitigating punishment basis to discontinuation of crime from philosophical point of view. Moreover, it believed that the basis of mitigating punishment to discontinuation of crime by China has three, which are respectively the decrease of social harmfulness of discontinued criminal; reduction of criminal illegality and the reduction of culpable of punishment.Of course the stress of this paper was not to demonstrate the basis of mitigating punishment to discontinued criminal from legal theory level, while it argued by applying game theory analysis method in law and economics. The reason of choosing such method to study crime suspension system was, one the one hand, basing on innovation on the research idea of legal issues; on the other hand, game theory had provided a positive theory basis to the science of law, which described on how to make action decision under an institutional environment, and what consequences would be caused by these actions. Under complete information, through the static analysis and dynamic analysis on the strategy space of state and perpetrator, two groups of Nash Equilibrium can be obtained, respectively (discontinuation, leniency) and (continuation, non leniency). However, as information is asymmetrical under practical situation, this paper made amendment to game model under incomplete information through refined Bayesian Equilibrium Theory, and finally obtained only Nash equilibrium (discontinuation, leniency), such strategy space also proved the rationality and inevitability of the basis of mitigating punishment to discontinued criminal by China.Through the analysis on model, it could be seen that China’s offering mitigated punishment to discontinued criminal conforms to the legal basis of the balance between crime and punishment; the criminal policy of combining strictness and leniency; and also the morality and ethics of "common goodness of mankind" in China. Thus the system legislation on crime in China is worth affirming. Even so, it is not impeccable. For instance, there is still ambiguity in the recognition of mitigating punishment and the issue of the extent of mitigating punishment, which is easy to make juridical practice be unfair. Therefore, this paper made definition on the terminology of mitigating punishment in the final part, and proposed suggestion on how to mitigate punishment.