Abandonment of crime theory

Author: Zhang Ping
Publisher:
Publish Date: 2005-09-01
Features: Criminal forms are a major and profound theoretical topic in criminal law. They are a vast theoretical system composed of multiple sub-categories, presenting a three-dimensional, multi-layered, and structure. We can roughly divide criminal forms into three levels (or tiers). The first level is criminal forms; the second level includes the forms of criminal cessation, complicity, and crime quantity; the third level of cessation forms includes preparation, attempt, suspension, and completion (lower-level forms of complicity and crime quantity are omitted). A suspended offender is a form of criminal cessation in intentional crimes where the crime is not completed due to the offender's own will. It differs from preparation, attempt, and suspension, where the criminal act ceases due to reasons beyond the offender's will during the preparatory or implementation stages. It also differs from completion, where the crime is ceased because it is successfully carried out. Among these four forms of intentional criminal cessation, the suspended offender stands out due to its distinctive feature of changing one's criminal intent out of one's own will, giving it a special status in the forms of criminal cessation. It is precisely this feature that makes the clash between subjectivism and objectivism in criminal law theory particularly pronounced in the context of suspended offenders. As world criminal law theory evolves from objectivism to subjectivism and integration, the actor is gradually replacing the act as the focus of criminal law research. The form of suspended offenders aligns with this trend, becoming a widely established legal institution in modern criminal legislation. The study of suspended offenders has increasingly attracted the strong interest and widespread attention of criminal law scholars. This book is the first comprehensive and systematic monograph in China dedicated to the study of suspended offenders, providing an in-depth exploration of the concept, constitutive elements, related criminal forms, quasi-suspended offenders, the criminal liability and penalty principles of suspended offenders, and offering significant reference value for criminal law teachers, researchers, students in higher education institutions and research institutes, as well as practicing legal professionals and other readers.