The Research On The Judgment Standards Of Voluntariness Of Crime Suspension

Traditional judgment standards of voluntariness of crime suspension the often only mental judgment method,there are a lot of psychological standard,but should not be regarded as a crime to suspend the case,improper to expand the scope of crime to suspend the establishment;If purely adopt standard of judgment,because just concentrating on the offender if conflict with crime,while ignoring the behavior person to stop based on their own,to determine accurate enough.Because of this,this article will mental judgment method combined with the investigation.Clear the judgment standard and judgment standard of the respective connotation of psychological,and this kind of dual criterion applied to practice.The text mainly is divided into the following parts:The first chapter,this paper introduces the "subjective theory" and "objective theory" belongs to the psychology under the criterion of the traditional crime to suspend the voluntariness of judgment standard,analyze the main problem is the lack of normative judgment.Advantages and disadvantages of existing norms of judgment theory,then analysis demonstrated that the pure standard judgment theory is difficult to determine the reasonable solution to voluntariness.Thus only will psychological way of judgment and standard way of judgment is the combination of reasonable voluntariness judgment standard.The second part is composed of the article second chapter and the third chapter,respectively,for norm way and psychological way of judgment and their connotation.Article the first quarter of the second chapter first to suspend crime reduction punishment on the basis of its ties with voluntariness judgment standard,suspend crime reduction punishment basis for the judgment have voluntariness is of great significance not only,more of a standard to judge the specific basis.Namely stop crime behavior whether conflict with suspend crime reduction punishment according to the specification,founded as the voluntariness of negative conditions to determine the establishment of suspend crime or not.On the basis of the second chapter of the second quarter has been clear about the suspend crime reduction punishment basis should be "policy theory" + "legal theory" merger,including the connotation of the "policy" should be based on "Gold bridge theory" and "theory of penalty purpose" of both.The connotation of "law theory" includes "decrease of illegality theory" and "decrease of responsibility theory."The article adopted the third chapter "subjective theory" as the basic framework of this article the psychological way of judgment.And to clarify the "subjective theory" in "can continue committing crimes" in the "can" and "continue committing " should be how to understand respectively,makes the meaning of "subjective theory" have more practice.Article third part is the fourth chapter,this article is the core idea is "the combination of subjective and norm theory" is put forward and its concrete application.The fourth chapter in the first quarter to psychological integrating judgment standard and the judgment standard,and clear to stop crime behavior person needs at the same time meet the psychological and specification of connotation to have the voluntariness.At the same time,made clear their a few key points that should be paid attention in the concrete operation.The fourth chapter in the second quarter will be subjective norm two said practical application,in practice for testing truth.