On The Identification Of Automaticy Of Discontinuation Of Crime

On automatic identification standard 0f discontinuation of crime, actually to study the standard to determine whether a behavior is based on a person's will to give up crime problems or not. Domestic and foreign scholars for discontinuation of a crime cognizance of automatic has done a lot of research, based on different crime suspension relief punishment in accordance with the choice of forming many theories, mainly include Subjective Theory and Limited Subjective Theory, Objectively Speaking Theory, Comprehensive Theory. merging said, the absolute automatic theory and so on. Each theory that identified crime automatic has more advantages than other theories, but objective analysis, these theories in practice identified whether the establishment of crime, the discontinuation of automatic, for some cases could not be accurately identified. So the main theory analysis that take responsibility for the prevention of criminal punishment has reduced, believe that the discontinue of crime for the remission of punishment according to promote subjective norm, in practice, it can be more accurate to identify the perpetrator the behavior is recognized as a crime of automatic. In addition to the introduction and conclusion, this paper is divided into the following four parts:The first part of the concept of the suspension of crime, the characteristics of an overview of the crime to take a clear basis for the suspension of punishment. First is to analysis of the problem, because the discontinuance of crime of remission of punishment according to the discontinuation of a crime refers to the basis and essence of the problem, the crime suspension remission of punishment according to the correct understanding of solution can guide the discontinuation of a crime of automatic identification. This part first analyzes the at home and abroad on discontinuance of crime punishment in accordance with the theory of relief through analysis, the purpose of promoting the use of penal responsibility to guide crime reduction, said the suspension of automatic identification.The second part includes the combing of the domestic and international crimes suspend automatic identification theory. It is the foundation of automatic the discontinuance of crime research, which helps to understand the crime suspension automatic; the author also based that to give his point of view. Subjective said to the subjective awareness of the perpetrator as a standard to identify the discontinuance of crime of automatic, also applied Frank formula in application, limit the subjective and subjective compared pay more attention to the behavior of people make discontinuation behavior motive, the opposite argues that only based on the “repentance, shame, sympathy, compassion ”and other similar feelings suspended their criminal behavior can be identified with automatic; objective to ordinary people or general social experience as the standard to judge the establishment of automatic or not; the compromise that combines the subjective and the objective, the said on the behavior of the subjective understanding of facts are objective judgment, whether on the behavior of the suspension of the motive for the crime influence to identify the discontinuance of crime, our country about the automatic recognition of the substance is actually about the subjective said.The third part is the discontinuance of crime of automatic determination of analysis theory. Evaluation of the theory, analysis of the various theories of advantages and disadvantages, is very important in forming their own view. The subjective theory to behavior subjective understanding based automatic judgment, reasonable angle, to encourage the discontinuation of a crime, but the expression is too simple, the formula of "can" and "can't" and did not make a clear definition, only in extreme cases can be very good identification automatic; defined subjective theory accords with the human spirit attributes in determining some difficult complex case has advantages, but it will automatically and ethical confusion and too narrow in Committed to the establishment of the scope of faults; objectively speaking better maintain the unity of criminal judgment, and has a strong operational, but its put aside the acts themselves will adopt the standard of ordinary people, errors in the methodology and for "ordinary people" nor a clear definition. A compromise that both the subjective and objective advantages, but also take into account the shortcomings of the two; the doctrine of our country are basically in the subjective theory, so subjective contains the advantages and disadvantages.The fourth part advocates subjective norm that the suspension of crime of automatic identification standard. Take responsibility based on the aim of penalty reduction said as the discontinuance of crime of remission of punishment, and through on people's behavior is based on one's own mind suspended crime. And on the behavior of the suspended crime motive evaluation standard, if the subjective conform to "self-discipline" and give the reward to crime prevention can be found to stop crime with automatic. Automatic suspension does not require the specification consciousness awakening, that are not required to completely abandon the crime intention, nor does it require the ethical behavior of suspended motivation. Subjective norm said in practice there are the uses in some special cases.