Discontinuance For Joint Crime

The Criminal Law of our country has stipulated the establishment of standards for the discontinuance for crime. The application of these standards has no controversy in a single crime, but it has encountered some dispute in the joint crime. For example:whether the non-occurrence of criminal result is one of the condition for the effectiveness of the discontinuance for joint crime, whether the effectiveness of the discontinuance for joint crime demands causal relationship between the non-occurrence of criminal result and suspending behavior. From referring to the various theories and legislative samples from domestic and foreign countries, starting from the view of the causal relationship, the author is trying to put forward that the standard of the discontinuance for joint crime should conform with space-time, self-willingness, thoroughness and effectiveness.The first chapter mainly introduces the relevant concepts and draws the issues of the discontinuance for joint crime.The second chapter mainly introduces the theories and legislations of the civil law countries, then evaluates and analyzes the advantages and disadvantages of doctrines of objectivism, subjectivism and compromise. From the communication and conflict of different doctrines, the author try to find out what the standard is suitable for the discontinuance for joint crime in our country.The third chapter mainly discusses the standards of the discontinuance for joint crime. Basing on our legislation and judicial practice, the author consider that the four requirements of establishing the discontinuance for joint crime are space-time, self-willingness, thoroughness and effectiveness. And this part specifically analyze the connotation of the discontinuance for joint crime in application.The fourth chapter mainly discusses about how the standards of the discontinuance for joint crime to be the guidance for the identification of the discontinuance for the organization criminal, perpetrator, accessory, abettor in practice.