在中止犯减免根据上采取责任减少说和政策说相结合的综合说。以此为指导判断中止任意性时,要严格限制主观说的适用范围,并以行为人本人的情况为基础,以一般人的立场标准,判断事实障碍是否会导致行为人放弃犯罪。 Said in a cease to be guilty of reduction of taxes on the basis of taking a responsibility to reduce say and policy say combined. As a guide to determine the suspension of arbitrariness, it is necessary to strictly limit the scope of the subjective said, and based on the behavior of the person as a basis, to the general standard of position, to determine whether the fact that obstacles will result in the perpetrator to give up the crime.