On The Cognizance Standard Of The Automaticity Of Discontinuation Of Crime

The automaticity of the discontinuation of crime means that the perpetrator actively stops the crime being committed or actively takes effective measures to avoid the occurrence of harmful results based on his own will.The research on the recognition standard of automaticity is essentially a research on the question of which standard is adopted to judge whether the actor abandons the crime out of his own will.In this regard,scholars at home and abroad have conducted a wealth of research and discussion,and formed a wealth of theoretical theories,mainly including subjective theory,limited subjective theory,objective theory,and compromise theory.For the fact of the same case,the above four different judgment standards are adopted,and the identification results of automaticity are also different.Moreover,any theory firmly believes that,compared with other theories,its own theory has the upper hand on the issue of whether the actor can be identified as meeting the requirements of automaticity.However,for many cases in practice,the use of the existing theoretical identification standards can not accurately judge the existence of automaticity,nor can it ultimately determine whether the perpetrator establishes the suspension of crime.By analyzing and understanding the theoretical connotation of the above theories,we can draw the following conclusions: adopting the objective theory of norms and standards often neglects the substantive requirements of automaticity and overemphasizes the purpose of norms;According to the psychological standard of subjective theory,it will lead to the improper expansion of the scope of criminal suspension.In order to fill the theoretical gap between the psychological standard and the normative standard,we should adopt a comprehensive judgment standard to determine the existence of automaticity,that is,adopt the judgment standard of normative subjective theory advocated in this paper: starting from the essence of automaticity,take the psychological judgment standard of subjective theory as the benchmark for judging automaticity,and further add normative judgment elements on the basis of psychological judgment,So as to form a unified standard for the identification of automaticity,and make a more accurate understanding and judgment on whether the perpetrator stops the crime out of his own consciousness and whether it meets the requirements of automaticity in practice.