On The Basis Of Mitigating Or Exempting Punishment Of Discontinuance Of A Crime

The basis of mitigating or exempting punishment of discontinuance of a crime is a primary question of the theory of discontinuance of a crime, because it actually is the question of the nature of discontinuance of a crime. But also for different understanding on it, the construction and existing scope of discontinuance of a crime will be different. In civil law countries, especially Japan, scholars have been discussing a lot about this issue and various viewpoints have come into being. However, in our country, scholars didn't attach importance to this topic for a long time, and some scholars recently have been paid attention to it. For the basis of mitigating or exempting punishment of discontinuance of a crime in our country, the basic conclusion of recognized criminal law theory still is reasonable, but its statement and demonstration should be further changed or more convincing. After evaluating the main viewpoints of scholars of Germany, Japan and our country about the theory of basis, this article gives specifically analysis to the basis of mitigating or exempting punishment of discontinuance of a crime in China based on the current system of criminal composition: In China, the bases of mitigating or exempting punishment of discontinuance of a crime should include the basis of criminal policy and the basis of criminal theory. The basis of criminal policy is to induce or encourage the perpetrator to terminate the process of his perpetrating act or prevent the accomplishment of a crime before initiating a crime or the completion of an offense, in order to rescue and defend the interests protected by law; the basis of criminal theory is that, in comparison with the same phase of the preparation of a crime or the attempted crime, the objective perniciousness of behavior and the offender's subjective culpability of mind of discontinuance of a crime are lighter or smaller. These two bases are conclusions that we have been discussed with different perspectives such as macro and micro aspects, and the two bases are complementary and indispensable. On the foundation of it, the author discusses the construction and existing scope of discontinuance of a crime.There are about 46,000 words in this paper. It was divided into three parts: introduction, body and epilogue. The introduction introduces briefly the status quo of theoretical study and the research meaning, emphasis and method. The body includes five smaller parts: the first three parts discusses scholars'viewpoints of Germany, Japan and our country; the fourth part specifically analyses the basis of mitigating or exempting punishment of discontinuance of a crime in China based on the conclusion of the first three parts; the last part discusses the impact of this article's basis theory on the construction and existing scope of discontinuance of a crime. Finally, the epilogue sums up the whole paper and further points out the importance of theoretical and empirical research on this issue, as well as the shortcomings of this paper and so on.