Determination Of Desistance Of Crime Of Complicity

China’s theoretical circles, and practicing lawyers of Justice finds common termsof the establishment of the discontinuation of a crime include: automatic, objectivity,timeliness, effectiveness. whether the stay is effective use of criteria for determiningwhether or not to the perpetrator ultimately results effectively prevent crime fromoccurring, so this is implemented in a common purpose of two or more against acts,acts for the establishment of the part of the perpetrator of an offence to abort mustcompletely give up crime, prevent other participants continue to commit the crime ofcommon crime, in effect ending the harmful consequences has not yet occurred mustalso prevent harmful consequences occurred. This determines that an excessiveemphasis on common standards of crime and ignore the whole of its independence,and will stay in separate crimes committed by the application of the standards forcommon crime which is a more complex patterns of crime has overlooked thedistinction between separate crime and common crime in their patterns of crime tendto confuse the issue.Moreover, common drawbacks of the discontinuation of a crime establishedstandards are also evident, suitable punishment of its violation of responsibility,responsibility principle, adhere to the standard also violates the perverse whodiscontinues suspected of setting up their minds. While the above drawbacks, rootedin our criminal law provisions do not specifically on suspension of common crimepatterns of established standards. legislative deficiencies have caused confusion in theapplication of the judiciary, if the Government continues to insist that standards willenable common crime, crime was established in the standard suspension is too harsh,to the detriment of the protection of those who conduct legitimate rights will deviatefrom guilt, and more compatible with their principles.On this issue, the author does not argue that Japan introduced an accomplice tothe adoption of amendments from theory, but common crime patterns stay the creationof the standards, mainly to the suspension of "effectiveness" of standards, tocompensate for common crimes amendment passage standards established suspensionof abuses. Specifically, judge whether a stay acts "Effectiveness" is not to theperpetrator is ultimately based on preventing crime occurred, and the results should be to the perpetrator is effectively cut off his behavior and other common criminal acts inthe crime as well as the eventual results as the causal relationship between criteria forjudgment. Under the guidance of the principles in this article, it should also be linkedto the common crime, the common criminal involvement in the status, role, as well asthe acts of crime, such as phase factors combined to suspend judgment whether it iseffective. Through the creation of the standards of common crime committed stayperfect with a view to achieving the common crime is involved in people’s individualresponsibility, and the negation of the kind embodied in the said group liability, jointand several liability, and thus also stay more consistent with the original creation. Theact only on their own as well as those who are affected by the acts of disapproval andnot because they belong to a particular group of a special rapporteur for others, andtherefore the sins committed to the punishment.This article consists of the following four parts:Part1introduction to the current suspension set up an accomplice said thestandard.Part2is the reflection of that standard. This section through the three issuesdiscussed, confused is that the standard crime and punishment and action against theestablishment of the modern spirit of responsibility and deviated from the establishedwho discontinues their minds, proved that the standard is too harsh against theprotection of the legitimate rights of the people, and the suitable punishment ofdeviation from the guilt principle. Thus it should improve the common crimescommitted in suspension set up conditions.Part3is a common crime suspension set up a standard of perfection. First, by anaccomplice from the theory of carding, came to the outlet of the resolution says thestandard fault, is not another accomplice from the concept, but how to explain whodiscontinues the conditions. Secondly, the introduction of my theoretical circlesformed an accomplice of suspension of the "effectiveness" of the controversy, and anassessment. Finally, the proposed cut to causal theory as a standard for judging anaccomplice to abort are valid.Part4of the main solutions to specific problems of the judicial application. Asregards the imposition of suspension respectively committed, aiding and abettingcriminals guilty of the suspension, termination, helping organizations committed toparse the suspension.