| In this paper, there are three parts, including foreword, the main text and conclusion.The part of the foreword is about the necessity of research on the essence andcondition of the discontinuation of crime, clarifying this paper’s theoretical value andwriting objective.The main text divides into five chapters.Chapter one gives a brief illumination on the discontinuation of crime, mainlyintroduces the conception, history and present legislative situation of the discontinuationof crime, establish the theoretical foundation for the research.Chapter two is about the essence of the discontinuation of crime. There are threesections. The first section introduces doctrinal quarrels of the civil law system, includingdoctrine based on the objectivism, doctrine based on the eclecticism and doctrine based onthe subjectivism, to discover the shortages of these theories through comparing them. Thesecond section is about research of our country scholar. The last is about the view of thispaper.Chapter three probes into the time element of discontinuation of crime, define thetime range through discussing the question that whether discontinuation of crime isestablished at the preparation stage, the implement stage and after the implement stage.Chapter four mainly describes the subjective element of discontinuation of crime,through describing discretionary element and thorough element. Based on the analysis ofthe existing discretionary theory, the discretionary element is established when theconductor gives up the crime owe to the subjective perception that the conductor does notfeel impeded. The thorough element is the complement and extension of the discretionaryelement.Chapter five introduces the objective element of discontinuation of crime throughdiscussing objective behavior and result. The discontinuation should be on the bases of theconductor’s sincere endeavor. And non-result is not the prerequisite of discontinuation of crime.The last part is the conclusion of this paper. |
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