On Crime Termination

The crime termination is one kind of unfinished criminal patterns, generally in the form of institutionexisting in continental legal system countries and regions of the criminal law, which have clear provisionsthat the discontinued offense’s criminal responsibility is obviously lighter than attempted offense. Atpresent, there are a lot of controversies on The theory of crime termination, based on different countries andregions of the social and historical development reasons, many criminal law provisions on the crimetermination differently, in theory the concept, feature representations and established standard of crimetermination exist different standpoints; The special crime patterns’ cognizance of crime termination, intheory and practice there are controversies, such as the cognizance of joint crime termination, dangerouscriminals whether can establish crime termination, determine the nature of abandoning repeated violations,quasi crime termination system, which is considered as crime termination by some academicians but othersconsidered it as consummated crime or inchoate crime; In the theory and legislation there are also debateson measurement of penalty, which comes from crime termination’s criminal responsibility; provisions oncriminal responsibility of crime termination in the criminal law of our country exist the problem such aslegislative language is ambiguity, the standard of penalty is not scientific, ignoring the subjective and toomuch emphasis on the objective results. In this thesis, through the analysis and discussion of thecontroversies, reference to solve the problems to Chinese crime termination system: in the generalprovisions of criminal law modify the provision of crime termination’s criminal responsibility, increase theprovisions on joint crime termination; in the specific provisions of criminal law stipulate the establishmentstandard of special crime patterns’ termination; on the basis of the four characteristics of suspension aboutthe crime termination in this thesis, supplement each aspect from theory and practice, in order to developour country’s crime termination system from the legislative and judicial aspects, perfect the theory ofChinese criminal law.Besides the preface and the conclusion, this thesis has four parts.The first part of the thesis mainly discusses the development and characteristics of the crimetermination. In this part firstly it will introduce the development and current legislation of crime termination system in representative countries and regions. After analysis of those legislations and conceptdescription of crime termination from some representative national and regional laws, then give the conceptthe author support, which also is our country criminal law’s statue "in the criminal process, automaticallygive up crime or automatically and effectively prevent the result of crime, is crime termination ", thisconcept is the most perfect and simple concept, but also embodies the characteristics of the discontinuanceof crime; then, based on the definition of crime termination, based on analyzing the characteristics and twodescription of the three characteristics of crime termination,deem that the crime termination should beconsistent with the four features: time and space, automatic, thorough and effective, and then these featureswill be demonstrated and explained in detail.The second part of the thesis will discuss crime termination’s classify. In this part firstly summarizesthe classification of the crime termination by different standards, these types including: discontinuation of acompleted and discontinuation of uncompleted; could penalty and cannot be punished; active suspensionand passive suspension; single crime and the joint crime suspension. Then discuss some of thecontroversial forms of crime are whether identified as crime termination, firstly discuss the crimedetermination of joint crime, after criticizing foreign disputes of joint crime termination, then put forwardin this thesis that the reasonable joint crime termination standard: criteria of subjective and objective, whichmeans subjective should be automatic, objective behavior should be effective. Then it will discuss the deemdangerous crime as crime termination: the crime will not immediately take place after the famishment, stillcan form crime termination; a waiver of repeated violations should be recognized as a crime termination;finally on the theory of quasi discontinuation of crime, deems that the two kinds of quasi discontinuation ofcrime mentioned by author should be regarded as crime termination.The third part of the paper is to discuss the criminal responsibility of crime termination. Firstly herewill analysis the theory foundation of reduction of criminal penalty from the discontinuance of crime, thenanalysis the various theories abroad including policy theory, grace theory, penalty theory, legal theory toget a theory background,then discuss the principles of criminal legislation of crime termination fromdifferent countries and regions. These principals are: no guilty principle, no punishment principle,difference punishment principle, could relief penalty principal, should relief penalty principle. Then theauthor will expound and prove the principle of “should relief penalty”, which is the very principal agreed by author. At last of this part it will rethink the criminal responsibility of crime termination from Chinesecriminal law profoundly, considering that a lot of problems are caused by the word and standard of"damage".The fourth part is the suggestions to perfect the legislation and judicature of crime termination, fromlegislation and judicature thesis two aspects to complement the crime termination theory in our criminallaw theory The criminal law shall modify the crime termination’s crime responsibility to "for thediscontinuance of crime, should be given a mitigated punishment or remove punishment”, and the criminallaw should add regulations of joint crime, as well as other regulations to affirm some other special formsof the suspended crime as crime termination. Then this thesis will discuss how to perfect the specificunderstanding of each elements of crime termination in the judicial practice so as to make the crimetermination of Chinese criminal law more complete on legislation and judicial practical easy to implement.