The Discontinuance Of Crime In Criminal Law In China

With the theory of modern criminal law transferring from objectivism to subjectivism, crime termination, as an uncompleted form, is being considered more and more important by every legislative department, and becomes a common criminal system. The system is set initially to encourage criminals to turn over a new leaf and change their subjective purpose, building a golden-bridge for them to fall back. Therefore, the study of crime termination is not only helpful to understand its intention and essence, but also prominent to the justice practice.However, there are some controversial issues about the basic problems of crime termination, such as: the conception, the characteristics, the scale of accomplishment, quasi-termination criminal, the termination criminal in complicity, and the action of stopping repetitive violation positively. This thesis aims to give its own opinions and understanding by making analysis, debate, and comment on these related problems, expecting to make progress and improvements.There are five parts in this thesis with nearly 30,000 words.The first part is the conception and characteristics of the criminal termination. Firstly,it gives a summary of the conception about crime termination by analyzing the regulations of crime termination in each country and the different opinions of the scholars. In direct and voluntary crime, the doer abandons the crime positively, or prevents the consequence happen positively and effectively, making the crime reach a form of accomplishment without discontinuation. Secondly ,on the basis of comparing with"two condition"and"there condition"to reach the"four condition"which contains time and extensity, automaticity, thoroughness and validity, each of them being studied deeply in this thesis.The second part is the classification of crime termination. On the basic of the conception, characteristics it can be divided to prepared termination, unaccomplished and accomplished termination; punished and unpunished termination; passive and positive termination; separated and complicity termination.The third part is the scale of fulfilling the crime termination. It researches the negligent offender, indirect and intention offender, impossibility of offender and the issue of whether it existing the crime termination in danger, and then the author gives his own view and proposal.The fourth part introduces several special crime terminations. It is mainly about how to determine the nature of the prepared offender, the crime termination in complicity and the action of stopping the repetitive violation automatically.The fifth part is the criminal responsibility of crime termination. It pointes out the disadvantages of establishing responsibility for crime termination in China by analyzing the theory evidence of remitting the punishment about crime termination in the main countries of the continental system, and gives some proposition and modification.