Study On The Voluntary Discontinuation Of Crime

According to the provisions of Article 24 of China’s Criminal Law,it is the suspension of the crime to automatically abandon the crime or to prevent the crime result automatically and effectively.If the suspension is not caused,the punishment shall be waived;This paper starts with a clear legal reason for the suspension of crime,that is,the basis of the crime suspension relief and punishment,on the basis of its analysis,combs through the various theories of the current theory of the automaticity of the suspension of crime at home and abroad,and puts forward the opinions on the criteria of the automatic judgment of the suspension of crime.The article is divided into three parts:The first part is the basic theory of the suspension of crime,including the concept of automatic ity of criminal suspension and its significance,and discusses the legislative reasons for the suspension of crime and its relationship with the automatic judgment standard.The automaticity of criminal suspension is the core element of judging the establishment of the suspension of crime,and it is of great benefit to theory and judicial practice to make clear the judgment criterion of suspension of automaticity.The question of why legislators should take a lenient attitude towards the suspension of a crime,which involves the whole theory of suspension of crime,also has an impact on the suspension of automatic judgment criteria.Through the analysis of each doctrine,it should be considered that the legislative reason for the suspension of crime is based on the purpose of punishment,the perpetrator on their own meaning to stop the crime shows the reduction of its responsibility,so it is worth the suspension of the crime relief punishment.To adopt this view,we need to look at the subjective cognition of the perpetrator to examine the establishment of automaticity,but also from the perspective of norms to examine whether the responsibility is actually reduced.The second part is the theory of the automatic standard of suspension of crime at home and abroad.At present,the theory of automatic identification criteria mainly has subjective,limited subjective,objective,compromise and the absolute automatic theory,internal cause theory,main role theory put forward by Chinese scholars.The basic position of our country’s general statement is also to take subjective,subjectively because it conforms to the description of the establishment element of the perpetrator "based on his own meaning",from the whole point of view should be adhered to.Although the subjective saying is that there is a problem that the expression is too general and the criterion is not uniform,it can be solved from the perspective of normative evaluation.The third part analyzes the basic framework of the theory of automation,and then advocates the adoption of normative folds as the standard of automatic identification of the suspension of crime.In particular,the norm softens that the object of the perpetrator’s subjective understanding needs to be examined first,to see what external facts the perpetrator recognizes and what kind of subjective understanding is generated,and secondly,to examine whether it is inevitable to suspend the crime under such criteria as the general person with the characteristics of the perpetrator.A normative evaluation of the suspension should be examined in response to the conclusion that the suspension is based on the reduction of liability for its compatibility with the purpose of the penalty.Such a theory is actually in the traditional subjective position of the subjective understanding of the perpetrator at the same time psychological level of investigation and normative level of investigation,but considering that automaticity is first of all natural with psychological connotation,its normative connotation is derived from,so this sequence of distinction is reasonable,Because the academic circles usually think that there is no division of subjective theory,and the fold says that there is a sequence in the automatic judgment,so this paper calls this theory as the norm of the fold.Finally,the paper says in conjunction with the specification that the more representative case classification is applied to the analysis.