The Theory Of The Joint Crime Suspension

Joint crime suspension is the theory of joint crime and crime to suspend the two cross combination, both in the theoretical level and practice level is quite complicated. Therefore, joint crime to suspend the theory become a very controversial issue. In practice, due to China's criminal law did not make clear to joint crime to suspend the rules, are determined with reference to the provisions of the discontinuation of a crime alone, difficult to adapt to the complex crime situation. So a joint crime suspension is both in the theory but also in the judicial operation are hard to avoid getting into trouble. This article through to the domestic and foreign relevant theories, combining our country's judicial practice, rebuilding our country's theory of joint crime to suspend the framework. As to improving suggestions on legislation. Full text is divided into four parts, specific as follows:The first part: a brief description about the present situation of joint crime in our country. Due to there have no clear regulationno of joint crime in Chinese criminal, so is no conclusion on its concept. This part through to the other countries legislation introduced, combing out the concept of joint crime suspension, and its form of expression can be divided into three kinds. The first one have no probiems in theory and practice, the latter two involving partial accomplice in a joint crime have suspended behavior but failed to effectively prevent occurrence and harm results suspension behaviour on the part of accomplice and not harm results not causality. How to deal with these people who have did the suspend behaviour causes big discussions.The second part: the introduction about the theory of suspension accomplice in Chinese and foreign countries. The current point of view is "part of the behavior, full of the responsibility", emphasize the integrity of the joint crime and completely by the results, in comparison with the results of case there is no room for the establishment of the crime to suspend. At the same time, the theoretical circle there are individual suspension theory, can the principal theory, the causal relationship between cutting, dispelling cause, said such as different views from the accomplice relations. The civil law countries there are three main views, objective, subjective referring to compromise. Common law countries although there is no suspension accomplice, but have similar accomplice from the concept. Although in theory view each are not identical, but overall, with loose part of accomplice to suspend the more and more countries also give clear in legislation.The third part: the problem of joint crime in our country. First is the lack of legislation, legislative regulation for discontinuation of a crime alone only, joint crime to suspend the relevant legislation, in practice have different standards, operating discretionary is bigger. Second is the theoretical defects, too much emphasis on the integrity of the joint crime.The heavy emphasis on properties of instigator, help make violation of criminal law theory of crime constitution of unity of subjective and objective. Violation of criminal law imputation principle.Thied is the problems in the judicial practice, most of the problems in practice and common crime to suspend the validity cognizance, discontinuation of a crime simply copy separately concluded that the effectiveness of regulation, to make no distinction in the joint crime behavior person, easy to cause the heavy punishment, punishment is injustice.The fourth part: the theory of joint crime in our country to suspend the refactoring. According to the third part involves the problem, put forward the theory of joint crime of our country to suspend the refactoring, timeliness, automaticity, from three aspects to grasp, discontinuation of a crime will be a joint crime discontinuation of a crime and individual crime differently, discontinuation of a crime in joint crime cognizance, the introduction of "from" instead of "effectiveness", in addition, the reference to the introduction of "quasi suspend crime" system as supplement.The fifth part: legislation and perfect the theory of joint crime to suspend the reconstruction of concrete. Firstly, this part put forward legislation suggestions, advice on increase the second paragraph of article 24 of criminal law, make clear a regulation break down of a joint crime, additional, 3 "must suspend crime" system. And perfecting the judicial interpretation. Secondly, on the basis of the offender in joint crime in the division of labor is different, the accomplice is divided into organized crime, the crime, the instigator and help make, based on the theory of the refactored. Clear different stages of crime organization crime, instigator, help the suspension of crime, the crime cognizance, so as to provide reference for solving problems in judicial practice.