Study On The Criminal Responsibility When Discontinuance Of A Crime Result In Harmful Consequence

Discontinuance of Crime is an institution which gradually established and developed in the evolution process of Objectivism to Subjectivism of global Criminal Law.in the whole theory of Criminal Law,Discontinuance of Crime occupy a certain position, have many problem that worth studying in theory and practice. Scholars in our country have payed attention to this institution early from the 1980s, However over the years, only carries on the discussion to the Discontinuance of Crime Constitution theory, the related theory and the judicial practice guidance that is derived from the Soviet Union,introduce and explore the less for the German and Japanese Civil Law countries advanced Criminal Law theory, many difficult cases in the practice make the Judicial Personnel feel thorny, to the related issues lack of unified theory Guidance,the existing theory have many problems in practical application.In the difficult problems about Discontinuance of Crime, how to confirm the actor’s Criminal Responsibility when the actor discontinue the crime self-motionly after implement the Act of Perpetrating but the Harmful Consequences still occured in the final is a problem which oten appear in judicial practice and very tricky but few studies and has not formed the system theory. This situation are called"Discontinuance Inability"in"German Criminal Law Pandect---vol2---Special Forms of Crime Behavior"which composed by germany criminal law scholar Roxin and translated by Shizhou Wang. Scholars in domestic and abroad have proposed some viewpoint for the problem of Discontinuance Inability", but either think that could compose Discontinuance of Crime or not without exception so that loss of comprehensive or discussed simply in a few words but have no systematic and in-depth discussion and there is no whole theory to judge the Criminal Responsibility of the actor in the situation of "Discontinuance Inability". Making a comprehensive survey of the research status and the research results in the study on this problem in foreign countries and chinese, we can see that the problem that involved by this topic is extremely complex, many details still confused,have no consistent understanding, treatment in judicial practice is act as one pleases and varied.In this article, through discussion of the Privilege Principle of Discontinued Crime on Basis of Mitigate or Remit the Punishment of Discontinued actor, confirm that the actor unnecessarily reach Accomplished Crime and still have the space of Crime Discontinuance when Discontinuance of Crime failed to prevent the Harmful Consequence, and then use the core issue of Causal Relations as the breakthrough point, using the Objective Imputation Theory as methodology guidance, combined with the analysis for the case, reconstructing the Standard of Accomplished Crime and the Standard of Discontinuance Effectiveness, taking the "Risk Realization Standard"and the "Risk Reverse Standard"as the Standard of Accomplished Crime and the Standard of Discontinuance Effectiveness respectively. On the basis of propose the Standard of Accomplished Crime and the Standard of Discontinuance Effectiveness, summarized systematically and propose the method of judging the Criminal Responsibility of the actor when the actor Discontinue the Crime self-motionly after implement the Act of Perpetrating but the Harmful Consequences still occured in the final, based on the tow--tiered progressive judgement of "Risk Realization Standard"and"Risk Reverse Standard", combined with the exceptional situation "Risk Back Reverse ", proposing the "Risk Responsibility Undertaken Rule"as the method to judge the actor’s Criminal Responsibility when Discontinuance of Crime failed to prevent the Harmful Consequence and make a special discussion to several special situation. Hope to be able to stand on the shoulders of our predecessors theoretical research for our country the Discontinuance of Crime related problems do what little one can to help and give some enlightenment and help to the judgement of the actor’s Criminal Responsibility when the actor Discontinue the Crime self-motionly after implement the Act of Perpetrating but the Harmful Consequences still occurred in the final.