Exploring The Difficult Problems In The Criminal Suspension Determination

China’s criminal law provisions of the twenty-fourth paragraph of the meaning of the suspension of crime has been defined,that the establishment of the suspension of crime needs to meet three elements about timeliness,free-will and effectiveness.To grasp correctly of the "criminal process" is the key to determine if termination behavior could meet the requirement of timeliness.The starting point of the process of crime is the beginning of criminal preparation,the establishment of the suspension can be more appropriate to evaluate the crime and restore the criminal intent.It is reasonable to take the emergence of a crime as the end of the criminal process,but it can not explain the problem of the suspension of the potential damage offense.According to the theory of the discontinuation of the potential damage offense,it will be better suited to the practical needs by using ’whether the crime is actually done’ as the end of the process of crime.As for the determination of "waiver",the doctrine of psychology and the doctrine of standardization have different emphases from different angles,but they should be restricted by the legitimacy basis of the waiver and punishment.The combination of the reduction of responsibility and criminal policy are more ideal,and the normative subjective theory based on this is a feasible criterion to judge whether it is automatic or not,and it can also play an important role in practice.The effective elements of discontinuation of crime are aimed at "effective" rather than emphasizing the results.If the behavior of the perpetrator met the requirements of the standard of sincere efforts,even if not a result of the completion of the causal relationship between its behavior and weak,can not deny the establishment of its effectiveness.The theory of quasi discontinuation of crime does not take place,but does not say whether the action is effective or not.If the suspension is usually valid,but because of the involvement of other abnormal factors resulting in the completion of the results,it should not be denied the validity of the act.