On The Suspension Of Crime In China’s Joint Crime

At present,the problem of crime in our country has changed from single crime to joint crime.Judicial organs in the trial of complicity in the case of increasingly heavy work.But China’s current criminal law provisions about joint crime and its processing in legal terms is quite limited,only about the provisions of the joint crime and crime to suspend the discontinuation of a crime but not in the joint crime of specific provisions,in the academic circles and judicial practice of criminal law on crime suspension in joint crime is many things,opinions vary,the lack of consensus.This makes it difficult for China to effectively play the role of criminal policy in crime prevention,crime prevention,crime prevention,crime extension and crime cessation.The suspension of crimes in joint crimes is different from the suspension of crimes in separate crimes.The suspension of crimes in separate crimes is the determination of a person’s crime,that is,whether a person constitutes a crime,what crime,what crime form,whether the suspension is established.The crime suspension in joint crime is multi-person crime,involving more,the social harm is heavier,the situation is more complex,each criminal constitutes what crime respectively,what crime constitutes jointly,their respective crime form,common crime form.Criminal punishment is harsh,so never wronged anyone.But the law is not the gathering place of human kindness,in the face of crime,must be fair and just,make punishment.Therefore,the author hopes to analyze the suspension of crimes in China’s joint crime,in the premise of adhering to the principle of fairness and justice,to adopt the principle of leniency,to encourage the joint criminals to timely stray,to abandon the evil,to withdraw from the crime,to advocate part accomplished,part responsible.In this way,we can better solve the theoretical difficulties,legislative deficiencies and judicial practice of criminal suspension in China’s joint crime.In addition to the introduction and conclusion,this paper consists of five parts:Part one: the basic theory of criminal discontinuation in joint crime.The concept of joint crime,crime suspension and its constituent characteristics are discussed in detail,which leads to the concept of crime suspension and its constituent characteristics in joint crime.In our country,the punishment of suspension of joint crime is in accordance with the punishment of suspension of single crime.Therefore,the author believes that the joint crime termination also needs to meet the establishment conditions of the joint crime and its termination.The classification of discontinuation patterns in joint crimes.This partcombines the provisions of China’s laws and regulations and the theories of the academic world,and classifies them according to four standards.According to the division of accomplice to suspend,the number of stages,classify,function,through the analysis of the classification criteria,the author support is given priority to with role,division of labor is complementary classification standard,and,that is classified as:the principal crime suspension,an accessory to the crime to suspend the discontinuation of a crime of an accomplice,duress,as well as the instigator of the crime suspension,the regulation of our country "criminal law" provisions also clearly indicates that the classification standard.The second part: Domestic and foreign theories on the suspension of crime in joint crime.This part of the author first roughly described the main foreign theories,subjectivism,objectivism,eclecticism.Said the author support the theory,but in practice,the theory is,after all,standing on the base of subjectivism and objectivism,slightly biased,easy to extremes,so the author thinks,should find a balance point between said that Japan’s house of punishment law otsuka benevolence "complicity from said" put forward by the good ACTS as the role,so the author tells the story of this theory in detail in this part,the foundation for the following concrete determination.Secondly,the author mainly introduced the our country,the main point of the theory about accomplice to suspend the whole suspension,individual suspension,to cut off the causal relationship,eliminate the cause,the principal ability said,specifically about the theory and the concept of the evaluation,through a case for the advantages and disadvantages of various doctrines,more or less problems,and on this basis further analyzes the discontinuation of a crime in the theory of common crime present situation,put forward their own theories and perfecting suggestion.The third part: our country in the joint crime altogether the criminal discontinuation of the determination.This part the author according to the regulation of our country "criminal law" as the classification standard,discontinuation of a crime will be prisoners of discontinuation of a crime can be divided into the principal,an accessory to the crime to suspend the discontinuation of a crime,the instigator of the discontinuation of a crime of an accomplice,duress,combined with the implementation of the criminal phase,elaborated this will compromise doctrine and "complicity from said".The fourth part: the problem of crime suspension in China’s joint crime.This part discusses the shortcomings of the two current situations of criminal suspension in China’s joint crimes.In the legislation system,the legislation system about the suspension of crime in the joint crime lags behind seriously.Injudicial practice,there is a lack of unified standards for the determination of circumstances such as the failure to prevent the result of a crime after the suspension of an act,the failure to prevent the result of a crime after the suspension of an act,and the failure to prevent the result of a crime.The fifth part: Suggestions on the perfection of the suspension of crimes in China’s joint crimes:the author of this part mainly puts forward relevant Suggestions on the perfection of the problems in China’s current situation.In terms of the legislative system,we should actively learn from each other,clearly define the different circumstances of the suspension of crimes in joint crimes in the legal provisions,and provide clear identification standards.In judicial practice,we should adhere to the principle of the unification of the subjective and the objective,the principle of the adaptation of guilt and punishment,and the principle of paying attention to the differential treatment,and issue relevant judicial interpretations.