Research On The Basic Theory Of Crime Termination In Dangerous Crime

Modern rapidly changing Chinese society is during the period of social transition,where social public security and governance issues are increasingly happen. As to theconcern of criminal law legislation,the dangerous crime which aim at penalty earlieris getting increasingly popularity.Dangerous crime as the basic form of crime,compared with the actual damage offense exists. Compared with the natural crimemostly consist of actual damage offense, dangerous crime has its own independenceand typicality. How to parse and discretion the dangerous state implementation thatpeople take the initiative to hinder real harm results occur to the reality has become athorny problem during judicial practice which concerns the conviction and sentencingof dangerous crime. Based on the motivation of pragmatism study and space ofmaster’s thesis, author will serve the suspension part of dangerous crime as thebreakthrough point to study the basic theory of dangerous offense crimes. Therespectively discussion roughly as follows:The first part is to discuss problems, briefly put forward two theoreticalpredicament of the discontinuance of crime of dangerous crime, namely crimediscontinuance of the preparatory phase of whether non-criminalization disposal anddangerous state can still exist after the occurrence of crime suspension.To resolve thisdilemma we need to discuss from the basic theory of legal concepts.The second part is to explore the premise of discontinuation of crime committed to the danger. First from the concept of dangerous crime in the form of judgment andvalue judgment of double side. The form of judgment mainly clear the actual damageoffense relative judgment, based on the principle the legality, aim at the directobjective identification of dangerous crime. Correlation analysis of value judgmentmainly deals with the identification of risk society, and risk society should only be aexplanation of expanding path for the dangerous criminal legislation and judicial,which can not be used as the source of the concept. Besides, from the perspective ofthe criminal policy theory, personal danger, amnesty said, and reward preventiontheory, in order to clear the basis reason of reduction of crime punishment.Secondly, proceed with the conditions of dangerous crime from the discontinuance ofcrime itself with analysis of dangerous crime,which include the analysis of from thecausality of discontinuation of crime to make the necessary investigation ofeffectiveness, from the reflection point of suspension of voluntary and frank formulato make voluntary study and from the malicious act of suspension discontinuationimaginary argument to make the final discussion. Finally, from the interpret of"damage " in the discontinuance of crime to broaden the interpretation of thenecessary studies punishment.The third part is the crime type analysis of dangerous crime discontinuance. Firstof all, from the necessity analysis of crime discontinuation exists in the preparatoryphase of crime,along with the respectively perspective point from the penalty ofrestrain,preparation for a crime suspension of punishment and legislation of evidencesupport launches the elaboration,we should definite that dangerous offense necessarydiscontinuation of crime does not exist in the preparatory phase of crime. Secondly,the dangerous crimes carried out research phase of suspension with two real judicialprecedent as the starting point, with " some sentenced " contradictions werequestioned and denied the existing " dangerous crime accomplished said ","dangerous criminal suspension said "," the actual damage offense suspension said ",the stage of dangerous crime and the relationship between the actual damage offensethat shall be based on objective analysis of the adjacent consequential offence theory.it means the intentional concrete dangerous offense and the corresponding actual damage offense constitute " consequential crime and adjacent consequential crimerelationship ", deliberately Abstract dangerous crime and the corresponding actualdamage offense constitute " Concurrence crime" relationship. At the same time, theinvoluntary dangerous crime discontinuance of crime has no necessary to exist.The fourth part is the analysis of the discretion of the discontinuance of crime ofdangerous criminals. First of all, author puts forward that the dangerous crimediscontinuance of preparation should get non-criminal treatment, which couldn’treplaced by the alternative reduced penalty. Secondly, as to the discontinuationhappened in the behavior process from beginning to implement,it should directapplicate the criminal law twenty-fourth stipulation, the penalty it get compared withthat of dangerous crime accomplished should reduce or prevent. Finally, based on itsdistinguish dangerous crime, author puts forward to the concrete danger intentionallycommitted to " the crime and aggravated consequence crime ", according to the actualdamage offense that should be punished with relief, the abstract danger intentionallymade according to actual damage offense for a heavier punishment, besides, theinvoluntary dangerous crime may be get appropriate reduce or get lighter punishmentbased on the criminal policy considerations.