The Study Of Li Mou's Rape Case

The discontinuance of crime is one of the incomplete forms of crime, and is known as the golden bridge which is the retreat of the crime. Therefore, the theory of criminal suspension is an important part of the theory of crime and even the criminal law in general. The deep discussion in the discontinuance of crime, has a very profound theoretical and practical significance.At present, the domestic and international research on the discontinuance of crime is endless, but most of them talk about it in the theoretical aspects. This paper uses the case analysis method, to carry on a shallow discussion on the determination of the discontinuance of crime through a real case I hope this paper could deepen the understanding about the theory of the discontinuance of crime and the use of guidance theory in practice.The case of this paper is a real case of Xiangyang city in Hubei Province in 2013. After the court's first instance verdict, the procuratorate filed a protest to against that judgment. So I think that the case does have a big controversy. Therefore, this paper chooses this case as the object of study, and from this case, we make a preliminary study on the determination of criminal suspension.This article is divided into the following five parts:The first part is "case introduction". In this part, I will give a briefly introduce about the basic facts of Li's rape case.The second part is "focus of controversy". In this part, the focus of controversy is Li's crime form, there are four different views about Li's crime form.The third part is "legal analysis". First of all, this paper analyzes their respective characteristics of the attempt of crime and the discontinuance of crime, and concludes their commonalities. Secondly, this paper studies the distinction between the attempt of crime and the discontinuance of crime. Thirdly, this paper makes a further study of the special circumstances on the determination of the discontinuance of crime, such as the qualitative about "automatically give up the repetitive violations".The fourth part is "conclusion", research and analysis around the Li's rape case based on the third part, and reach my own conclusion, that Li's rape crime is a discontinuance of crime.The fifth part is "appendix". In this part, I briefly discussed about the legislative and judicial issues of rape, and draw a unique conclusion, such as, we should expand the scope of rape crime.