In offenses of aggravated consequence,complex crimes and other special crimes in which the perpetrator cannot predict the consequence of his action,it is difficult to determine whether the mens rea is intent or negligence.

This paper investigates Chinese recidivism system,and then puts forward some proposals as followings: the definition of the particular recidivism should be broadened; the unit ought to become the body of recidivism;juveniles can not be recidivism;the penalty that has been completed ought to consist of principal penalty and accessory penalty,and so on.

In the growing process before harvest,if planters don t harvest for some reasons beyond their control,their acts constitute unaccomplished offence;On the other hand,if the planters willingly root out the plants before harvest,it s crime discontinuance.

The crime discontinuance in potenti al damage offence refers that an a ct o r stops criminal behav-ior antomatically or prevent harmfu l consequence effe ctively and autom atically in the course of direct intention crime.

Discuss the Discontinued Crime from a Disputable Case;

The form of discontinued crime is most often independent, but under some circumstances it may coexist with other forms of crime such as accomplished crime, attempted crime and crime preparation.

Generally speaking,it is better to consider the concurrence as discontinuation of a crime although it doesn t conform to the criminal regulations.

Referring to the judgment of voluntariness of discontinuation of a crime,China\'s general doctrine stands on a correct position which exercises the judgment from the criminal\'s subjective aspect.