On The Nature Of Criminal Law And Principle Of Punishment On The Act Of Suspension Criminal

The discontinuance of crime is a kind of important crime stop shape in China’scriminal law. Domestic and foreign scholars researched the theory of discontinuanceof crime a lot, but the attention of act of suspension criminal is not enough, and themain manifestation is the confusion of the discontinuance of crime and act ofsuspension criminal. These articles proceed from the criminal law nature of the act ofsuspension criminal, and discussed the conditions that crime to stop the previouscrime implement acts caused serious harms and analysis of the crime and non-crimein this case and how to deal with the question. The whole thesis consists of5parts.First part of the thesis is the current domestic and international research on thenature of act of suspension criminal, and mainly introduces theoretical research ofcivil law countries, common law countries, and China on act of suspension criminal,especially the act caused serious consequences. Through these views introduction andsummary, we can find different countries have different regulations on how to dealwith the act of suspension criminal with destructive means. Although theoreticallyalso involved, academia only gives general concluding observations, and analysis ofthe problem very inadequate.The second part is an overview on the nature of act of suspension criminal. Todetermine the nature of act of suspension criminal, the key is to recognize therelations and differences between the discontinuance of crime and act of suspensioncriminal. The discontinuance of crime is a kind of crime stop shape, while the act ofsuspension criminal is a kind of act, they are not the same. Depending on thecircumstances, the act of suspension criminal can be implemented through peacefulmeans and violence. Criminal law did not limit the specific behavior of act ofsuspension criminal. Theory suggests that the act of suspension criminal which causedserious harms may set up act of rescue or constitute a crime considering the specificsituation of the implementation of act of suspension criminal.The third part is the analysis of the act of suspension criminal in the act of rescueperspective. Through the analysis of subjective and objective of the act of suspension criminal and act of rescue, we can find they are existing compliance greatly. But insome cases, the act identified as necessity will lead to the essence of the unreasonableor even absurd conclusions. This is contrary to the principle of suiting punishment tocrime. In addition, the act of suspension criminal may also play a criminal effect ofself-defense in the case of joint crime.The fourth part is a carding on identify the act of suspension criminal causedserious harms and constituted discontinuance of crime with a crime will lead to apredicament of prohibit dual evaluation. Through theoretical analysis, we can find thatthe predicament is not true, and the act of suspension criminal ought to be punished asa crime. I believe that in the case of the act of suspension criminal cased seriousconsequences, the act should be convicted and punished in accordance with the newoffense constituted. But this does not preclude the effect of the former crimesentencing on account of the discontinuance of crime. So, when sentencing theperpetrator, perpetrators should be combined punishment of the act of suspensioncriminal constituted the new and the former crime which is suspend.The last part is a discussion about the perpetrator should be noted that theimplementation of the act of suspension criminal. In the cases of presence of a varietyof ways can achieve the discontinuance of crime, the perpetrator should try to avoidfurther harm to society, and choose the best way to achieve the discontinuance ofcrime. Maximize the preservation of the interests of the community, at the same timethe offender can be sentenced to a lighter penalty.