Research On The Determination Of The Automaticity Of Criminal Discontinuance

The criminal suspension system is one of the systems that can reflect the humanization of criminal law.Compared with the attempted form of crime,the criminal suspension will allow the perpetrator to face a lighter criminal treatment.Therefore,it is crucial to study the crime suspension system.Among the issues related to criminal suspension,the determination of automaticity has received great attention.As a substantive element of criminal suspension,the determination of automaticity is directly related to the establishment of the suspended offender,and thus has been widely discussed in the academic community,resulting in different theories.These theories have different emphasis,and the use of different theories to determine the automaticity will often lead to different results,the academic community is still controversial about which theory to use.Accordingly,this paper argues that the theories of automaticity should be analyzed,the focus of controversy and the advantages and disadvantages of different theories should be summarized,and the reasonable criteria for determining automaticity should be determined by taking into account the basis for reducing the punishment of suspended offenders.This paper is divided into the following five parts.The first part is the main doctrines of automaticity determination and the commentary.What theory is used to determine the automaticity is often a controversial issue in theory,and the doctrine of automaticity can be roughly divided into two categories: psychological automaticity judgment and normative automaticity judgment.The second part is the restriction on the determination of automaticity based on the remission of punishment for suspended offenders.The clarification of the grounds for remission of punishment for suspended offenders plays a restraining role in the determination of automaticity.After analyzing the relevant doctrines on the remission of punishment for suspended offenders,it is found that both policy and the reduction of accountability theory are essential for the remission of punishment for suspended offenders,among which the policy theory should include the "golden bridge" theory and the purpose of punishment theory.The third part is the establishment of normative subjective theory.The standard of recognition of automaticity should be the normative subjective,advocating the normative subjective first of all,we must adhere to the basic position of the subjective,the recognition of the basic direction of the subjective,while the motive of the subjective need not be restricted,and then combined with the nature of the suspended offender on the suspension of the automaticity of the normative evaluation.Thus,the basic content of the normative subjective theory includes the construction of the normative standard of "self-regulation" and the judgment of whether the act is considered to have automaticity is conducive to crime.The fourth part is the basis,method and object of normative subjective theory.Through the concrete analysis of the above theory of automaticity,it summarizes the controversial focus of the choice between the actor’s perspective and the general person’s perspective,the choice between the psychological judgment and the normative judgment,the choice between the actor’s subjective knowledge and the actor’s external fact.It is clear that the object of normative subjective theory is the actor’s subjective cognition,the method of normative subjective theory is the comprehensive judgment method,and the standard of normative subjective theory is the actor’s standard.The fifth part is the concrete application of normative subjective theory.The reasonableness of the normative subjective theory is verified through such situations as cessation of crime due to purposeful object obstacle,emotional obstacle,realistic and imminent dangerous state,superstition,and retention of the intention to commit the next crime.