Researching The Crime Termination Of Joint Crime

The questions about joint crime discontinuation are related to the theories of joint crime and suspend crime. According to our present criminal law, if the determination of the suspend crime in a joint crime regards the provisions of separated crime discontinuation as principle, which are: timeliness, willingness, effectiveness. In other words, this principle is effective in the matter separate crime, however, it is too hard to determine a criminal suspend action in a joint crime, due to its too much emphasis on the whole characteristics of joint crime, therefore ignoring the one who really has made efforts to discontinue the crime, which indicates actually insignificance. In judicial practice, the three principles of punishment to crime alone are necessary basis used to determine whether to mitigate or annul the punishment of the criminal. On the other hand, there is no standard to determine the joint crime discontinuation, which usually causes the questions that one accomplice whose actual efforts have met the standards has not been mitigated or annulled punishment according to he criminal law only because of the others, and the efforts connecting with the circumstance for sentencing of the accomplice just being decided by the judgment. Thus it may cause the problem that goes against the tempering criminal policy with mercy and the principle of legally prescribed punishment for a specific crime and the principle of suiting penalty to the responsibility.Judging from the present studies in our China, we can see that many sophisticated theories on the joint crime and discontinuation of joint crime, however, the combination study about joint crime and discontinuation gives rise to so many different opinions. Moreover, so many arguments about the suspend criminal of joint crime still exist in the academic field. The essay just focuses on the theoretical meaning and practical value, so as to draw the attention of scholars, which in turn can improve the development of the theory. An mature theory about it is expected to be born. Thus we can make the best of the theory in the judicial practice.For the reasons above, I have summarized and analyzed, from every point, the theories of joint crime discontinuation, and the related legal of our China and foreign counties, so that good usefulness can be made in our theory and judicial practice. The thesis consists of four parts as following: Part one: the theory of joint crime and suspend criminal, where the forms and the types of joint crime as well as the concept, formation and legal on suspend criminal are argued, also the relation between the accomplices is induced accordingly. The accomplice not only has effect on each other but has their own distinction in the course of crime, which should be taken into consideration carefully when to determine the punishment.Part two: foreign legal practice and theories about joint crime discontinuation, in which the related objective theory, subjective theory and the complicity renunciation are described and evaluated, especially the complicity renunciation are talked about in length. Several distinct theories about complicity renunciation have been assessed to make a conclusion that if the accomplice breaks away from the joint crime in the term of intention indeed, he or she will not be responsible for the consequence accordingly.Part three: the theory application of suspend criminal of joint crime, where the determination about the suspend criminal of simple and complex joint crime (organizing criminal, perpetrator, accessory, abettor, false accomplice are analyzed, the conclusion that the accomplice has insulted the other one violently who intended to discontinue the crime should be determined in the light of principle of prescribed punishment for specific crime and suiting penalty.Part four: improvement of joint crime discontinuation legal and judicial practice, which has not been regulated in the criminal law, therefore, related regulations in Germany criminal law are referred to make up with the suspend—criminal—to—be regulations, wished to be of help to theory of joint crime discontinuation and judicial practice.