The Research On The Automaticity Of Discontinuation Of Crime

The Discontinuance of crime system can be the one of most human system of criminal law. Under the background of calling more and more intense humanized in modern society, It is very important research on the discontinuance of crime ,because it can reflect the criminal responsibility . But the fields that the discontinuance of crime involves are very extensive, may be cover the whole criminal law theory system, then it is the one which exist many problems in those fields. The automaticity of discontinuation of crime is the substantive elements of the discontinuance system of crime. The definition and specific judgment of the automaticity that is the demance of constructing the completed discontinuance theory of crime,it is also the objective need of distinguish the crimestop forms.This paper bases on existing research results of the criminal law theory of our country, comparing study of the theory of mainland legal system regarding the questions of the Discontinuance of crime, then puts forward my new ideas about the judgment standards of the automaticity of discontinuation of crime.The whole paper has about 3.3 million words total,can be divided five parts as the following:Part 1: The reasons for the suspension of crime legislation, the paper analyzes the existing research suggests that foreign doctrine, the establishment of suspension system is based on criminal policy considerations, the efforts of actors to actively reduce the level of infringement of legal interests of a compliment is to encourage more Criminal law norms were able to return to the track.Part 2 : an overview of the discontinuance of crime. Suspension of criminal acts must totally abandon this criminal intent, Regarding the automaticity, it should be understood as the subjective element of suspension of offenders and a part of the suspension. Part 3: Civil Law Criminal Law Judgement on the theory automatically divided into psychological and normative judgments of any nature to any of the judge two different angles, a simple assessment.Part 4 : Made with the legislative suspension of reason, put forward step by step at different levels to determine the method of suspended automatically. First, external actors recognize the fact that the psychological impact of their crime, to determine; Secondly, the perpetrator does not accurately identify their true thoughts or extremely abnormal psychological confession, there is reasonable doubt can be taken That complement the objective judgments; Third, we must adhere to the doubts in favor of the accused when the recognized principle of the automatic stay.Part 5 : Automatic suspension of the specific crime problems. Sincere repentance and other ethical motivation and emotional relationship between suspended automatically; actors obstacles in the face of objects which, unexpected obstacles, and behavior of people mistakenly believe the barriers to stop crime, the question whether the establishment of the automatic stay; for actors based on shock , Terror, disgust, affection, and emotional and other psychological fear of being found to stop criminal acts, whether the establishment of crime, the suspension and other issues.