On The Automaticity Identification Of Discontinuation Of A Crime

Automaticity feature is the the essential characteristics of discontinuation ofa crime.In order to make a clear identification of discontinuation of a crime,criminal theorisits have made a lot of elaborations about the automaticityfeature,forming a number of theories like the subjective theory,the limit subjectivetheory,the objective theory,the absolute auto theroy and the main effectiontheory.On one hand,these theories make sense;on the other hand,they have a lot offlaws and shortcomings,that makes this paper necessary.The first part firtly mainly introduces the interpretation and connotation ofthe automaticity and the elaboration of the identification criterion;then illuminatesthe importance of automaticity identification of discontinuation of a crime,that it isnot only beneficial to carry out our criminal policy,to clarify the spectrum ofestablishment,but also to solve the practical problems of automaticityidentification of discontinuation of a crime,to maintain the uniform application ofour criminal law;lastly outlines the status quo of automaticity identification.According to its importance,the second part tries to make a more concreteanalysis of automaticity identification criterion introduced in the first part,thenanalyses the flaws and differences of it,further to excavate the essence and causeso as to arrive that,absolute identification is impossible.Only with the developmentof practice can we give a more clear identification of automaticity.Accordingly,thecritical problem is how to choose the identification criterion.So the writer choosethe “based on the subjective theory,with the combination of making a concreteanalysis of concrete problems”criterion to make a concrete analysis according todifferent cases,different offenders and different circumstaces,to solve thetheoritical problems.The third part applies that criterion the writer have chosen to judicial practice to make a concrete analysis about practical difficulties,like giving up criminalbehavior because of fear or consternation,in the hope of giving some advice toidentify the automaticity of discontinuation of a crime.At last,the writerconcludes,the “offender”criterion,instead of “the experience of mostpeople”criterion or other criterion,should be adopted.On this basis,according todifferent cases,different objective circumstances,to make a concrete analysis withdifferential and flexible treatment.Only in this way can we make a clearerautomaticitiy idenfication of discontinuation of a crime,can we make a cleareridentification of discontinuation of a crime.