论具体危险犯的中止形态-刑法学专业论文.docxVIP

II II Abstract The discontinuation of offence of specific potential damage relates to its concept, the scope of establishment, the constitution and the criminal responsibility and so on. Solving problems of specific potential damage offence concerns the identification of the relevant theories about specific potential damage offence, and it is also directly related to the effective protection of offender’s legitimate interests. Specific potential damage offence is a crime which establishing condition is to bring about the legal dangerous state of interests protected by criminal law. The discontinuation of specific potential damage offence has its own theoretical basis and legal basis. This paper makes the corresponding definition about the discontinuation of specific potential damage offence, combining with the establishing condition of it. The timing condition of the discontinuation of specific potential damage offence starts from the appearance of the dangerous state of public security infringed by criminal acts to the appearance of damage results offender hopes, if offenders automatic suspend the crime during the time, their acts could be the discontinuation of a crime. If executants of specific potential damage offence suspend criminal acts before the implementation of criminal acts (or take proactive measures to eliminate the possibility of making harm results) under the circumstances there is no external obstacles (or offenders think there is no external obstacles), their acts could be the discontinuation of a crime. Under the circumstances the failure of criminal acts, offenders must truly and thoroughly abandon the criminal acts. Under the circumstances the implementation of criminal acts, the discontinuation of a crime must be sufficient to avoid the occurrence of results, and it also must be a sincere conduct. The discontinuation of specific potential damage offence has different forms in different stages. When it wouldn’t make the crime results if offender