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On The Issue Of Crime Discontinuance After The "Completion Of Crime"

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:H L FuFull Text:PDF
GTID:2416330548451594Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the theory of criminal patterns in our country,the crime gets accomplishment means the appearance of the final form of the crime.The criminal no longer establishes the criminal preparation,the attempt and the discontinuation of the crime.In judicial practice,due to the unreasonable standard of accomplished crime,the standard of accomplished crime in some cases are considered too early.The crime discontinuance after the “completion of crime” is essentially the crime discontinuance before the completion of crime,thus limiting the function of the discontinuation of crime.The issue of crime discontinuance after the “completion of crime” is mainly about the qualitative issue of the discontinued criminal behavior,and the judicial practice also shows the situation that the result of similar acts is not the same.With the issue of crime discontinuance after the“completion of crime” as the research object,our scholars put forward various theoretical points of view to solve issue of crime discontinuance after the “completion of crime”.Based on the criminal classification of the criminal system in our country,this article introduces the basic theory involved in the issue of crime discontinuance after the “completion of crime”,and comments on the above scholars' opinions,and reflects and reconstructs the standard of accomplished crime from its content,application and other aspects to provide a new way of solving the issue of crime discontinuance after the “completion of crime”.The full text is divided into four parts:Part one: An overview of the theoretical background on issue of crime discontinuance after the “completion of crime”.This part will give a basic explanation of the relevant basic theories involved in issue of crime discontinuance after the “completion of crime”.First of all,this article gives brief concepts related to the completion of the crime and the discontinuation of the crime,emphasizing on the rationality and insufficiency of the "result theory","the theory of the goal" and "the completeness of the constitution elements".The clear definition of the characteristics of the discontinuation of the crime: timing,automation and effectiveness is also the key to studying the issue of crime discontinuance after the “completion of crime”.Secondly,based on the theory of criminal patterns,the classification of crime in our country should be divided into conduct crime,consequential crime and dangerous crime.The dichotomy between conduct crime and consequential crime does not accord with the legislative purpose of the setting of dangerous crime.The classification of actual damagecrime and dangerous crime advocates claimed by civil law system may be “ill-suited” in our country.The second part: The qualitative analysis of the discontinued criminal behavior on the issue of crime discontinuance after the “completion of crime”.In judicial practice,the dangerous criminals take discontinued behavior timely to release the danger of the crime,the theft of theft in the return of property after the penitentiary,as well as the remedial acts of conduct crime after the crime is completed,how to analyze these discontinued criminal behaviors? Scholars put forward the theory of discretionary sentencing circumstances,the theory of crime discontinuance after the completion of crime,and the theory of automatic recovery of criminal after accomplishment.The theory of discretionary sentencing circumstances insists on the idea that the crime gets accomplishment no longer establishes the discontinuation of the crime,so it is good to avoid the theoretical confusion of the criminal law.However,according to the general theory,the theory of discretionary sentencing circumstances is over-mechanical to handle the issue on the dangerous criminals take discontinued behavior timely to release the danger of the crime.The theory of crime discontinuance after the completion of crime is the most direct solution to the issue of crime discontinuance after the “completion of crime”,is the way to the perpetrators with lenient penalties,and in line with the purpose of modern criminal law,but also the way to avoid greater damage caused by criminal acts.However,after the crime is completed,criminal suspects can be set up.Under the precondition of affirming that the crime has been completed,the crime suspects can also be set up,especially where dangerous criminals are essentially confusing the concept suspension and the criminal stipulation Abort As a new system,the theory of automatic recovery of criminal after accomplishment,which co-exists with the crime to resolve the series of problems arising from the suspension of the act after the completion of the crime,is not original,but it is of great reference to China's criminal legislation.However,the establishment of a new system may be a temporary solution to the problem.The new things are bound to bring about new problems.It is inconvenient for judicial practice and it is inevitable that there is a suspicion that the theory may be far away from practice.The crux of the problem lies in the fact that there is an unreasonable standard of accomplished crime,crime discontinuance after the “completion of crime” is essentially the crime discontinuance before the completion of crime.Although the crime gets accomplishment no longer establishes the discontinuation of the crime,the suspension actactually in the "criminal process",and therefore can be identified as a criminal suspend.The third part: With the reconstruction on the standard of accomplished crime,the solution to the issue of crime discontinuance after the “completion of crime” is proposed.It is mainly because of the earlier determination of the existing standard of accomplished crime that makes us confused.Therefore,it is possible to take qualitative analysis of the discontinued criminal behavior with the reconstruction on the standard of accomplished crime.After the reconstruction of the standard of accomplished crime should adhere to the principle of the unity of subjectivity and objectivity,in view of this,this paper proposed "Uncontrollable danger of legal interests violations" standard of accomplished crime.Judgment of the completion of the crime not only to take into account the extent of legal interests infringement,but also need to control the behavior of the people into the standard of judgment.The inner control of the perpetrator is the control over the dangerous infringement of the legal interests brought about by the criminal acts committed by the perpetrator himself and also the control over his criminal acts.The extent of legal interests infringement created by criminal acts is a positive factor.The inner control of the perpetrator is a negative factor,and the two are exacerbated.In order to achieve the uncontrollable danger of law and interests infringement,to achieve the crime is completed,you need more positive factors than negative factors,that is,the criminal law infringement caused by the interests of the law beyond the control of the perpetrator.The fourth part: The analysis of the concrete application of the issue of crime discontinuance after the “completion of crime”.According to the crime classification of crime which are conduct crime,consequential crime and dangerous crime,this part selects typical judicial cases including incitement crime,acquisition type property crime and dangerous crime to analyze the concrete application of the issue of crime discontinuance after the“completion of crime”.The qualitative analysis of the discontinued criminal behavior on conduct crime and consequential crime are consistent with the existing standard of accomplished crime;the determination of the accomplice of dangerous compared to existing standards,Time delay,the crime discontinuance after the “completion of crime” is essentially the crime discontinuance before the completion of crime,so it establishes the discontinuation of the crime.
Keywords/Search Tags:Accomplishment of crime, Discontinuation of crime, Classification of crime, Standard of accomplished crime, Uncontrollable danger of legal interests violations
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