Discussion On China’s Suspension Of Joint Crime Theory And Its Improvement

Joint crime problem is one of the most complicated theory in the criminal law theory, the Japanese scholar intermediate-called "chapter of despair" of criminal law theory. A stop in the process of crime suspension is intentional crime form, is a kind of general crime constitution revision, liszt called sinner back jin-qiao huang ". Therefore, the study of joint crime to suspend the problem is quite challenging, and have great research value.In judicial practice, the cases involving common crimes automatically suspend crime are common, but for this kind of behavior can constitute a crime of joint-crime suspended, but in the process of determining dissent. The reason is that China’s criminal law on joint crime to suspend the problem not clearly defined, in dealing with the problem of joint crime to suspend the standard of discontinuation of a crime has been used alone. But in a joint crime and individual crime is a big difference, the establishment of the joint crime to suspend the establishment of the discontinuation of a crime and a separate condition, also should be different for crime to suspend the intention of the provisions of the criminal law is to encourage the criminals to give up crime, reduce the harm to society, if the suspension of joint crime and the standard of discontinuation of a crime alone does not distinguish between, even if some of joint-crime automatically give up the crime, but as long as the other with the crime up the sinner, harm result happened, discontinuation of a crime cannot be considered. As a result, are no doubt to the joint-crime to give up the chance of crime, discontinuation of a crime is actually short of legislative purpose. Therefore, study of joint crime to suspend the problems, and points out that the joint crime to suspend the reasonable standard, unified judicial application, it is necessary.The author insisted on joint crime of criminal law in our country under the premise of basic theory, to study the theory of joint crime suspension, based on the research of the thesis to discontinuation of a crime of common identity problems have more in-depth understanding, and to their own conclusions, the full text is divided into three parts. The first part, the concept of joint crime suspension was established and the general conditions of widely collected materials, a general grasp of the proposition. On the basis of the writing need to research in-depth excavation; The second part, the reference materials, choose the most representative frontier theory, introduced the domestic and foreign legislation present situation and the theory, analyzes the shortcomings of the current judicial practice in our country, and in a typical case illustration; The third part is the thinking of his own discontinuation of a crime with a common, also is the meaning of the writing for himself.Through the related theory is introduced and clarify, we can reinterpret joint crime suspension theory, further combined with the theory of suspension of joint crime in our country at present, has not clearly stipulated in China’s present criminal law of common crime to suspend the case, suggest to add in the criminal law article 24 a as the second paragraph, as the legal basis for joint crime suspension. Rules of it this way:in the process of joint crime, joint-crime automatic give up crime or effectively prevent crime accomplishment and discontinuation of a crime was established;, in the process of joint crime of joint-crime automatic give up crime, and cut off his earlier behavior with other joint criminal connection between physical and mental, discontinuation of a crime was established. At the same time, according to the result of whether to take positive measures to prevent the crime occurred, the presence of the actual situation of each damage joint crime suspension can be divided into four kinds of situations, criminal responsibility for different according to different situations.