Research On The Essence Of Discontinuation Of Crime And Extension Of Related Issues

Discontinuation of crime is a common crime in the criminal law of our country, which usually has two meanings:one is to stop the form of crime; two is to refer to the perpetrator, the suspension.In continental law system, some countries, such as Germany, Austria, will suspend the crime and attempted crime respectively, the discontinuation of crime does not belong to the attempted crime of a type; some countries, it is the attempted crime and discontinuation of the provisions in a piece of. Although the legislation mode is different, the theory of criminal law in continental law system states that the discontinuation of crime is closely related to the attempted crume.Twenty-fourth provisions of the criminal law of our country are:"in the course of the crime, it is the discontinuation of a crime to give up the crime automatically or to prevent the crime from happening automatically and effectively." "For the discontinuation of a crime, without causing damage, it shall be exempted from punishment." Thus, the criminal law of the people's Republic of China on discontinuance of crime is separate from regulation, it is with preparatory crime, attempted offense and accomplished offense in juxtaposed position. Study on the theory of criminal law in China on the controversial issue of discontinuation of crime has, since 1980s, China's criminal law scholars on the research on the discontinuation of crime made a series of achievements, but had to admit, the scholars in our country are not high degree of attention to the discontinuation of crime, there is little theoretical research in stop crime, system halted make research scholars on the less, so the theoretical system of related problems of discontinuation of crime is not a system, but the discontinuation of crime as a crime in parallel with the preparation for crime, attempted crime and accomplished the stop form, its importance is self-evident, research scholars in China and the importance of discontinuation of crime does not constitute a proportional. So the author thinks that the basic problem of the discontinuation of crime should be studied deeply and systematically. The significance of the research on the discontinuation of crime is mainly the following: First of all, theoretical value. Discontinuation of a crime is a system stipulated in the penal code of our country, the penal code provisions of discontinued criminal is remission of punishment, but why stop committed to CF accomplished crime remission of punishment? We can give a good answer to this question by demonstrating the legislative reasons for the discontinuation of the crime. Our country does not stipulate the system of quasi discontinuation of crime, for what is a quasi discontinuation of crime, there is no need to set up a system of quasi suspension is the content of the theory to be discussed in this paper. In the criminal law theory of Germany and Japan, the author has made great achievements in the discontinuation of crime. In this paper, the author will draw on the theory of Germany and Japan for reference. Through of discontinuation of a crime related issues of the research can enrich our discontinuance of crime problems in academic works, let more legal study in-depth understanding of the discontinuation of crime content, to attract more people to pay attention to the related content of discontinuance of a crime, which can well change in our country at present, for discontinuation of a crime is a little research on the problem of the status quo. In addition, through the research on the discontinuation of crime can lead to the theory of criminal policy and the theory of criminal law and other topics of research and thinking.Secondly, practical guiding significance. Due to the lack of theoretical research in our country, legal workers in practice understanding of discontinuation of a crime is not clear, plot to cases of don't know how to determine the same case for different decision not in the minority, theory is not unified in judicial practice standards are not unified, therefore, increase research efforts of discontinuation of a crime related issues on China's judicial practice has great significance to help. Based on this, this paper intends to discuss the related issues of the discontinuation of crime from the two part of the main body and the conclusion: Is divided into parts:Made a summary of the termination of mainly elaborated in the first part, firstly, this paper introduced domestic and foreign legislative overview of the discontinuation of crime, then introduces the about concept of discontinuation of a crime and discontinuation of a crime elements is discussed in detail, finally, the author of the criminal law of the people's Republic of China should alignment of discontinuance of a crime in legislation, and if the legislation to Dingzhun discontinuation of a crime. This part of the author is more hope from the relevant content of the suspension of the study on the discontinuation of offense in theory or in the judicial determination can play a role. Through the discussion of the first part, the author hopes to lay a theoretical foundation for the full text. The second part is about the reasons for the legislation of discontinuation of crime, the author according to Germany and Japan discontinued criminal theory to carry on the elaboration, mainly describes the policy said, said that the law, and said, and a detailed discussion of the three theories of different, and through the study of these three kinds of theories, I hope to improve our discontinued criminal legislation reason theory.In the third part, the author is on China's discontinuation of a crime legislation reason were discussed, including for the discontinuance of crime legislation reason through speaking and a few different views, the author hopes by different scholars discussed for China to stop crime legislation reason to look for a standard. Research on improving the reason of law enforcement in china.The fourth part is mainly to our country about the punishment of the discontinuation of crime are discussed. The author is through all of the content of the above research can form a of discontinuation of a crime the most reasonable statutory penalties, improve law of our country of discontinuation of crime punishment unreasonable regulations, and combined physical and guide the judicial practice.The conclusion part makes a general summary of the full text.