The Theory Of Discontinuation Of Joint Crime

How to identify the discontinuance of joint crime has many viewpoints in the theoretical circles,including the theory of holistic discontinuation,the theory of individual discontinuation,the theory of differentiated treatment,the theory of subjective causation,the theory of causation and the theory of elimination of cause and effect.Through the comprehensive analysis on the viewpoint that the identification of suspension of joint crime should be phased,combined with the subjective and objective aspects that:(1)the crime preparation stage,in this stage,the common crime behavior is to prepare tools to create the conditions for the implementation of the crime stage.All the actors haven't started committing a crime.If we want to identify the joint offense at the moment,we should abandon the intention of the criminal in the subjective aspect,which is the embodiment of the automaticity characteristics of the joint crime's suspension form.In the objective aspect,the perpetrator should stop preparing tools and manufacturing conditions for the crime.(2)before the implementation of crime after crime,a whole has been formed between each behavior,to suspend the establishment of common crime crime,people must give up behavior besides subjective criminal intent,but also to prevent occurrence of the other inmates to prevent crime crime or the effective implementation of the results.At this time,the perpetrator has begun to commit a crime,and the perpetrator wants to establish a crime suspension,and it must also eliminate the influence of the previous act on the common crime.So the joint crime in this stage,if the perpetrator can eliminate the relationship between the first act and the common crime,can still be identified as the suspension of the crime of common crime.If a perpetrator cannot eliminate the connection between antecedent acts and joint crimes,even if he can suspend his crime autonomously,he will not be able to establish a joint offence.Only if the perpetrator effectively prevents other common offenders from continuing to commit a crime or prevents the occurrence of the result of the crime,a joint crime will be established to suspend the crime.According to the objective practice,the author puts forward the legislative suggestion of adding the form of joint crime: increasing the part of the offense in the joint crime,giving up the intention of the crime voluntarily and preventing other accomplices from continuing to commit the crime or effectively preventing the occurrence of the crime result.At the same time,the establishment of the "quasi suspension system" : the common crime in the subjective condition is in line with the automatic suspension of crime,the objective of positive efforts to prevent the other inmates to commit a crime or prevent the occurrence of criminal results,but the criminal acts of the previous implementation of the behavior of people still appear accomplishment or suspension of behavior and the first of the attempted crime there is no causal relationship between crime,shall be given a lighter or mitigated punishment.This also establishes a backward "Golden Bridge" for the perpetrator,which is beneficial to the embodiment of the principle of adaptation to crime and punishment.