The Form Of Suspension Of Joint Crime

About the discontinuance of separate crime,most countries have an express provision,but only a few countries have made explicit stipulations about the discontinuance of joint crime.There is no express provision about the discontinuance of joint crime in our country,therefore in the judicial practice we identify the discontinuance of joint crime referring to the provisions of separate crime.Joint offence has its particularity,so see the suspension of separate crime as that of joint crime completely equal,whether in practice or in theory there are some problems.In order to clarify some problems about the cognizance of the discontinuance of joint crime and offer a reference standard in the judicial practice,this paper will state identifying of the discontinuance of joint crime as key.In foreign countries,there are three kinds of theory about the discontinuance of joint crime,they are “Subjectivism”?“Objectivism ”and “Eclecticism”.I support “Eclecticism”.This theory thinks that to identify the discontinuance of joint crime is based on whether or not cutting off the connection between their previous behavior and the results,but don't see the results not occurring as a necessary prerequisite.The writing of this paper is divided into three parts.The first part is the summary for the discontinuance of joint crime.This part mainly writes different legislations and theories about complicity suspension;classification of accomplice suspension and the theories about why the accomplice should be punished.The second part is the issues about the identification of the discontinuance of joint crime.This part mainly writes the domestic related theories about the identification standard of complicity suspension;The composing conditions of accomplice suspension and the specific identification for the different offenders.The last part is related to some improvement suggestions of accomplice suspension in our country.This part mainly writes the shortcomings of existing theory;the shortcomings of existing legislation;at the end I put forward some improvement suggestions about theory and legislation.