Research On Objective Validity Of Discontinuance Of Crime

The research on the field of crime suspension in our country is relatively superficial in terms of the objective elements of suspension of the establishment of a crime,as well as the concrete manifestation of the behavior of suspension,as well as the problems of quality and cause and effect of some special suspension or suspension of behaviors.The consideration of the value of the suspension of the legislative grounds that should have been considered is insufficient and inadequate.The suspension of the act itself is of an independent legal nature and cannot be treated only as part of the crime suspension system.For the suspension of activities that meet the constitutive requirements of crimes,it cannot be regarded as a crime,but it should also be tested for the possibility of emergency avoidance and expectation.In addition,there are two different categories of suspension behavior based on whether the behavior is complete.For simply giving up,we must demand that it be truly and completely abandoned,only for the current criminal behavior,but the transformation of simple criminal objects is not a real one.give up.In addition,the characterization of abandoning repeatable violations cannot be generalized,and should be discussed in a hierarchical manner according to the degree of infringement of the behavior.In the validity of crime suspension,we must first pay attention to the objective premise that "results do not occur." The "results" in "results do not occur" need to be judged in a normative manner.A person's deterrence must have a causal relationship to the outcome of the failure to determine that the perpetrator's behavior is consistent with a crime suspension condition.In the case of interventional factors,it is necessary to consider the abnormal situation of interventional factors,so as to accurately determine the attribution of the results.When it comes to the field of joint crimes,the effectiveness of the suspension makes the suspension system unable to exert its own value in this area,but we can better guarantee the rights and interests of some accomplices through the disconnection theory of the accomplices relationship to further make up for The system of crime suspension has some deficiencies in the field of joint crimes.