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A Causal Study Of The Effectiveness Of Discontinuance Of Crime

Posted on:2020-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:S L HuFull Text:PDF
GTID:2416330575989076Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the suspension of a crime,if there is a causal relationship between the suspension of the actor and the non-occurrence of the result,then it is natural to affirm that the actor is suspended.But even if there is no causality,there is the possibility that the perpetrator can establish the suspension.Causality is not a necessary element of the effectiveness of the suspension of crime.When the perpetrator makes sincere efforts to prevent the occurrence of the results,the suspension can also be effective,and the perpetrator can establish the suspension.Effectiveness is a necessary element of suspension of a crime.Its content includes not only the judgment of the effect of suspension,but also the judgment of the suspension itself.The former is manifested as the failure of the accomplished result,and the latter is usually manifested as the causal relationship between the suspension and the failure of the result.But even if there is no causal relationship,the suspension can be established,because the reason why the criminal law relieves or exempts the suspension of crime is due to the reduction of illegality and responsibility relative to the accomplished crime and the lack of special prevention necessity relative to the attempted crime.From the ethical point of view,whether there is causality or not,the actor should be encouraged to change from "evil" to "good".The"validity" of the criminal law provisions should focus more on the evaluation of the suspension itself.Therefore,in the absence of the result,if the actor sincerely implements the act of preventing the result,even if there is no causal relationship between the suspension and the result,the suspension can also be established.In the absence of causality,effectiveness requires the actor to make sincere efforts to prevent the occurrence of results.This effort is manifested in the objective behavior of the actor to avoid the occurrence of results,which at least reduces the probability of the occurrence of results.Secondly,this kind of effort is sincere and sincere enough to prevent the result from the common people's point of view.
Keywords/Search Tags:Suspension of crime, Effectiveness, Causality, True
PDF Full Text Request
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