Study On The Quality Of Concurrence Between Discontinuation Of A Crime And Attempted Crime

The concurrence between discontinuation of a crime and attempted crime refers to an offender begun to automatically suspend crime after proceeding to commit a crime. Furthermore, the criminal made enough sincere efforts to prevent the results of the crime. But the crime didn't occur, not owing to the offender's resistance but a special criminal ceasing form causing by other things rather than will. On the one hand, because of the crime results didn't happen with some characteristics of attempted crime. On the other hand, because that the offender has the intent of being the discontinuation of a crime, and objectively has taken enough measures to prevent a crime, also is of suspended crime. But its crime results did not happen, not because of reasons out of the offender, not according with established required"accomplished offense is resulted outside the will of the offender, being different from the pure of attempted crime. Meanwhile, there is no causal relationship between crime results'not happening and suspending actions, namely the offender's resistance has no validity, thus differing from the pure of suspended crime. As a result, it is necessary to do a systematic research about the quality of concurrence between discontinuation of a crime and attempted crime, in order to perfect our country's criminal law theory and criminal legislation, preferably guiding the judicial practice.At present,there are four doctrines about the quality of concurrence between discontinuation of a crime and attempted crime:①the doctrines of attempted crime,②the doctrines of discontinuation of a crime,③the doctrines of dealing separately,④the doctrines of quasi-discontinuation of a crime. However, these four theories have certain deficiencies and shortcomings, which has no satisfactory solution to this qualitative issues of special form of concurrence. The doctrines of attempted crime totally ignore the different subjective state of mind between special form of concurrence and attempted crime. the doctrines of discontinuation of a crime focus on the subjective aspects of ofender,and pay attention to the translation of subjective malignant,dilut the validity of discontinuation of a crime. the doctrines of dealing separately will make the simple question to complication.To the doctrines of quasi- discontinuation of a crime ,it is right to the way of thinking. But less distribution. Through re-analysising and defining the concepts,characteristics and types of the concurrence between discontinuation of a crime and attempted crime, it is different from the traditional discontinuation of a crime and attempted crime, also from the quasi- discontinuation of a crime. It ought to be an Independentd and special type of crime stop form.