Researching The Crime Termination Of Joint Crime

The common crime is very complicated, because it is a crime and mutual influence the result of the interaction between subject, taking into account the part joint crime belongs to the crime determination of joint crime theory, suspension of joint crime, should first the particularity and the complexity of joint crime is discussed. The discontinuance of crime belongs to another part of the theory of the crime determination of joint crime, in our criminal law the crime person, according to the behavior of the discontinuation of a crime does not expressly, only to separate the discontinuance of crime is clearly defined, and in judicial practice to solve the crime determination of joint crime problem, often through the provisions cited alone the discontinuance of crime is the lack of a reasonable and applicable practice, because our country about the crime determination of joint crime theory, through using the objective point of view, while the objectivist views on the behavior of the discontinuation of the objective aspects of the most demanding, that person must be effectively prevented the crime to continue or end to avoid the harm result in fact, to solve the crime determination of joint crime problems in the judicial practice, take the objectivist view in dealing with the general problems to apply, but in the common crime is relatively special suspension problems are faced with many challenges, appeared to be inadequate and cannot effectively solve the. Analysis on the crime determination of joint crime problem, the full text is divided into four parts, the first part of the crime determination of joint crime covers the common crime and discontinuation of a crime the two part theory of content analysis, and creativity of the common criminal discontinuation were reviewed in this paper. In the second and third part, the author focuses on the crime determination of joint crime theory at home and abroad, further analysis of our country about the crime determination of joint crime theory in the existence of deficiencies; and Part IV, in theory, by country pass from said referring accomplice theory, the introduction of the relevant provisions of the legislation and judicial practice recommendations in order to suspend the issue of joint criminal perfect. The specific structure as follows:The first part of the concept of combining with the characteristics of joint crime and discontinuation of a crime to explore the concept and the characteristics of the suspension in joint offense, and has carried on the simple summary. At the same time, the crime determination of joint crime is divided into an accomplice suspension and the suspension of all parts, and the current our country about the suspension of joint crime through that standards were analyzed, discussed according to general standard joint crime should have the conditions of suspension.The second part, of the theory of common crime abroad suspended briefly discuss the analysis related. Continental civil law countries on common crime suspension theories, their views are based mainly on school dispute, in addition to including objectivism, subjectivism outside, there is a combination of the two perspectives eclecticism three different States take the view may also not the same, because the actual situation in each country is different. The existence of a common law theory of accomplice exit countries, also known as the accomplice from the theory, common law countries is based on an accomplice to deal with problems from the point of view of common crime aborted. In China, the theory research, opinions, perspective view of the existence of the current lot, the author of the article focuses on six main points discussed in our current theoretical circles.The third part of the study of the current theories about the suspension through a common crime, said a brief analysis concept, then we, to explore the analysis of the current unreasonable in this theory, we state the existence of the place, which is inadequate. For instance in the form of separately noted that the challenge of the current holders of objectivism Tong said in view of the existence of a dilemma, faced by the country concerned and on the current lack of a common criminal suspend discussion of theoretical analysis exist, first from the macro, Objectivism holds accomplice pointed suspend views are contrary to the constitution of the crime on crime it constitutes the unity of subjective and objective principles and accountability objective imputation of principle, but also contrary to the purpose of the establishment of the crime of criminal law to suspend the system, specifically then, is to give up the policy of criminal acts contrary; the second is from the microscopic point of view in terms of the theory point out that currently exists through said point of view, there is the problem of ignoring the relative independence of common crime itself has and the relative independence of the perpetrators of the overlooked.The fourth part of the part from the introduction of an accomplice who says different standards for different total suspended prisoners, common crime separate provision to suspend provisions of the legislative proposals to improve our suspension of common crime theory in legislation and in theory: First, the introduction of innovative accomplice from that and to say how the introduction of an accomplice carried out the analysis to explore; Secondly, according to the division of labor theory of accomplice, for different types of co-prisoners identified for different suspension standard, so not only has important guiding significance for specific judicial practice, but also help encourage prisoners to give up altogether crime, reduce crime Accomplished; finally stressed that our legislation should be a separate provision to suspend the necessity and feasibility of common crime, and to propose appropriate measures.