The Research On Validity Of Discontinuation Of Crime

With the recent focus of modern criminal law theory gradually replaced by thebehavior of the perpetrator’s objective to transform the results of subjective mens reacriminal law has become the focus of attention. Discontinuation of a crime theorysystem came into being. As in most forms of crime to stop focusing on the behavior ofpeople "inner world" of crime suspension system, which is different from attemptedcrime, the nature of crime in preparation for that crime as well as the end of thecriminal process stops are from the perpetrator "auto","sincere" will. Suspensionsystem for the purpose of setting up a crime, the perpetrator is to move the evilgoodness, Lema back " golden bridge erection of a recession." Suspension systemgenerates crime, criminal law theories of modern civilization and make innovations torespond to important results. Moreover, the research content and more concerned withthe major issues in criminal law, such as the principle of legality, the principle of abalanced offense, the purpose of punishment theory and so on. Therefore, how to stopcrime enrich the theoretical research theoretical system of criminal law, as well ashow to effectively guide the theory of judicial practice in order to achieve the originalpurpose of the system, it becomes a criminal law scholar unavoidable problem.In recent years, the study of crime suspension system has made significantprogress. However, only the "validity" of the problem, but few people interested. Thisarticle intends to with the "validity" of a system-related issues for research in order tofill vacancies suspension system study of crime, and improve crime stopmorphological theories.This paper is divided into three parte, each part of the main contents are asfollows:The first part introduces the general validity of the theory, that the validity ofwhether it is an essential element of the crime suspend identified, recognized thevalidity of the legal and ethical basis and under normal manifestation of validity. First,as based on the premise of full-text, the author advocates is an important condition forthe effectiveness of crime throughout the suspension system, should not be considereda crime to abort its only active anti-fruit type. Second, determine the validity of thespecific, different positions are very different outcome. Based on the policy of merging with the responsibility to reduce that all questions relating to the validity ofthe answer. Finally, explain the effectiveness of the system in the form of the norm, asis generally recognized standard validity.The second part focuses on the relationship between "result" and theeffectiveness of the simple interpretation of "result" meaning focuses on the issue onthe basis of the establishment of criminal Perilous aborted. Also, whether the resultscan still occur founded suspended briefly analyzed.The third part focuses on the relationship between causality and effectiveness,focusing on the analysis of crime causation defects affect the validity of thesuspension of judgment, a causal relationship between the claims and theeffectiveness is not necessarily linked with the foundation on the flaws of causationunder determine the effectiveness of specific in depth discussion. In addition, itprovides an overview of quasi-suspension system to commit, advocates of the systemcan be introduced to solve the complex relationship between causation andeffectiveness.In summary, this paper in order to reduce liability doctrine and policy as atheoretical tone of the text of merging to form the following personal point of view:First, it is essential validity is considered a crime aborted last line of defense, not anautomated, objective and other elements to be replaced; Second, under different formsof criminal behavior, have focused on determining the validity of that thoroughnessand effectiveness need to be flexible; Third, also established criminal suspendPerilous room; Fourth, the causal whether the relationship is not a basis fordetermining validity.