On the differentiation of Discontinuing Offense,State Offense and Continuous Crime

When defining a criminal pattern,the identifying of accomplice,quantity of crime,the determination of the starting date of limitation of prosecution are the main concerns.The differentiation of discontinuing offense and state offense is of theoretical meaning,while differentiating discontinuing offense from state offense has a practical significance.When defining a criminal pattern,the protection of legal interest is still its normative consideration and examination.If a crime is of continued conformity of important constructive conditions,it should be defined as a continuous crime;otherwise,it should be defined as discontinuing offense or state offense.Typical continuous crimes are as crime of false imprisonment,nonstandard criminal omission,crimes of unlawful possessing,crime of dangerous driving,and crime of unlawfully intruding into the residence of another person.Crime of bigamy,crime of kidnapping,crime of buying abducted and trafficked,or kidnapped women and children,and crime of abducting children is state offenses,not continuous crimes.Crime of abducting and trafficking in women and children is discontinuing offense,not continuous crime.The classification of the criminal patterns of crime of harboring a criminal and crimes related to booties or stolen goods should be determined by specific criminal behaviors.