Discussion On Desistance Of Crime In Common Crime

In process of judicial office handle a case, the common crime become more and more, but the question stops in the common crime , because does not have the concrete legal rule, the theorists have had each theory. This article in the existing legal basis and the rationale, through the illustrative case, the joint offense stops the question to the judicial practice in recognizing carries on the analysis, puts forward own proposal. This regarding reduces the penalty, thus the reduction and the impediment joint offense, realize in judicature's fairness, has the vital practical significance.This article stops take the joint offense process's in crime as the discussion object, embarks from the real situation case, discusses the distinction which in each kind of different judicial opinion the crime stops the influence which decides regarding the case, seeks effectively stops the crime from the joint offense the advantage, thus positively affects the reduced joint offense the fact.This Wen Yun not only utilizes the existing criminal law theory basis moreover also to revolve Japanese and China's criminal law scholar's important theory theory carries on the thorough analysis, the content mainly revolves in the joint offense the theory concept, the crime to stop the theory complex qualitative, the accomplice being separated from the difference which, the joint offense stops with the joint offense the continual commit to stop behavior these aspects carrying on. The main research results are:Ⅰ,The basis existing law correlation theories, has been clear about the related knowledge which the joint offense and the joint offense stop. Stops in the complex controversy which from our country to the joint offense recognized, established the reason strength which the weight crime stopped to eliminate the theory. Mainly through analysis criminal gambling point of view, can thus objective appropriate judge the crime in the judicial practice to stop the behavior.Ⅱ,For the more accurate analysis case, the introduction"the accomplice is separated from"this concept, thus distinguishes the crime which in some particular cases recognized to stop. The author thought that the overseas criminal law theory proposed the accomplice is separated from this concept to be able to make up the penal code to be short of the stipulation flaw which the preparation stops.Ⅲ,The continual commit stops the behavior in the joint offense, takes a very complex joint offense behavior, gives up regarding the continual commit being redundant the prejudicial act whether to constitute stops carrying on the consideration from certain aspects, and the continual commit stops the behavior to the joint offense in recognizing that must constitute the joint offense to stop, no matter from joint offense each commit's classification, the constitution which stops from the crime, must achieve certain characteristic unification, (i.e. stops the behavior timeliness, the independency and the validity. )This article place of innovation lies in:Ⅰ,It's not only the basis existing legal science theory basis, but the bolder analysis case example accepts the new more objective theory theory.Ⅱ,No longer is only universal legal science academic significance on only from subjective and the objective aspect explained that with the return to original state asked and the thesis, fuller puts out powerfully moreover conforms to the judicial practice example to annotate the question the essence...