Study On The Suspension In Joint Crime

The offense discontinue in accomplices and individual crime make big distinction. The requirements of offense discontinue in individual crime are timeliness, automaticity, thoroughness and validity. Meanwhile, the suspension of criminal law is still applicable provisions of Article 24 about offense discontinue according to the criminal substantive current status of our country, in accordance with the practice "Accomplishment section, full responsibility", as long as the crime reached accomplishment the outcome, of all acts of complicity burden faced this result accomplished responsibility, whether or not to suspend criminal acts, regardless of whether all the efforts to make part of a total of prisoners, some common criminal conduct aborted prisoners only as sentencing discretion circumstances be considered. This style of the legislative and judicial has played a positive effect to combat crime and shock offense discontinue, but it ignores the mutual independence of total prisoners, ignoring the discontinuation of a crime on set up existing legislation meaning behind it, it doesn’t fit the criminal law in the subjective and objective unity and appropriate to the value principle of crime and the responsibility. The probability of crime identified suspended in the crime judicial practice in small, many accessory who played small role in the crime and small social harm are also harshed with heavy criminal liability, this rule is not consistent with the spirit of fairness and justice. So in this article, firstly elaborated the connotation and theoretical foundation of offense discontinue in accomplices, and then analyze and discussion the theoretical part of the suspension of offense discontinue at home and abroad, especially for "cut causality", "out of" complicity, eliminate the hazards of disintegration of "behavior", "must suspend crime" has carried on the key analysis. Refining the desirability of content, especially affirmed the reasonable part of the doctrine of "cut off the causal relationship". Combination of the above analysis of the theoretical part, practical difference for different accomplice. At the end, aimed at the problem of offense discontinue in accomplices, Giving advice and making suggestions from the legislative principles, standards and specific provision modification. This article is divided into four chapters: The first chapter is about the meaning of offense discontinue. This chapter clarify crime suspend fundamental idea of ideas, discuss common definition of the crime to suspend further determine the definition and characteristics indicated Distance meaning in common crime, some people automatically give up crime or effective in preventing crime crime results appear. The research object of this article is the partial suspension of common crime, which is part of the suspension of an accomplice.The second chapter is the offense discontinue issues of Hong Kong of China, Macao of China, Taiwan of China and abroad on. This chapter is mainly for domestic and foreign legislation of offense discontinue e problems to sort out and discuss, research and foreign legislative cases of Hong Kong of China, Macao of China and Taiwan of China regions are in fact in order to better improve the Legislative Construction in mainland of China.The third chapter is to introduce the national "behavior disintegration eliminate the hazard theory" and "the ability of non-principal theory", "cut causal theory" and "cause force" and so on introduction and reflection, refining desirable content, assist our justice system improvements.The fourth chapter is about the practical application and analysis of offense discontinue in accomplices. This chapter focuses on the offense discontinue in accomplices and individual crime of complex perpetrator organization committed to help offenders, instigator suspend the use of specific analysis made to "cut off the causality" as the main theoretical support for different accomplice explore stages at different stages of the crime, so that more detailed legislation to improve equity. In the final brief exposition of a study on the distance interlace issues.The fifth chapter is how to improve the relevant legislation about the of our country in the offense discontinue. This chapter is to learn from some of Hong Kong of China, Macao of China and Taiwan of China regions and overseas accomplice for Desistance Regulations in question as well as the foundation, and all phases of the many theoretical analysis on mainland of China to suspend discrimination legislation by improving the recommendations, mainly adhere to the unity of subjective and objective and the principle of guilt adaptation phase, the difference between the legislation, the introduction of "complicity from theory" and "quasi-suspension guilty" theory, and points out the amendments detailed legal provisions.