On The Scope Of Punishment Of Preparatory Crime

Prepares for a crime as a direct intentional crime an unfinished form,of the Criminal Law Regulation. But in most other countries in the world,will be prepared to commit penalties of the Criminal Law in the GeneralProvisions, and there is no punishment of preparatory acts of thecorresponding criminal provisions in sub-rule would have resulted in ourcountry in the legislation, in principle, for all criminal preparatory acts arepunished. Mode but this actively prepares for a crime punished, not onlythe trend of the contemporary world countries do not conform, is notconducive to China’s criminal law limits the power of punishment,protection of civil liberties the function of play. Should be seen, theCriminal Law for the regulation prepares for a crime, is beyond thesubjective and objective unity of criminal principles inclined tosubjectivism. This article by domestic and foreign country prepares for acrime punishment mode analysis, pointing out that China activelypunishment mode conflicts with the relevant principles of criminal law, and hope to be improved with the relevant provisions of our countryprepares for a crime.The total is divided into four parts of about two thousand words.The first part of the paper is to examine the history of thepreparatory acts of the punishment of crime. The author examines theWestern ancient and modern civil law, criminal law of common lawcountries, the Soviet Union and the socialist countries of the CriminalCode of the affected, and the feudal era of ancient Chinese Criminal Law,the preparatory acts of criminal regulation. During the inspection, do nothave a clear distinction between the ancient West prepares for a crime andcrime in preparation, and ancient Chinese, ancient criminal law onlypreparatory acts of violations of kingship as well as serious violations ofpersonal and property crime will be punished. Prepares for a crime in thetrue sense of punishment, began in the Soviet Union and China areinherited.The second part, the author focuses on the nature of the preparatorycommit, prepares for a crime and crime in preparation, said the difference between the mens rea, prepares for a crime of subjective and objectiveelements. Only to define a clear scope to prepare committed, long beenplagued by the theoretical community prepares for a crime the nature ofthe problem can be solved. In this section, the author, through the analysisof discourse and perspectives of scholars, their support for the view thatprepares for a crime and crime in preparation, have broad and narrowmeaning, narrowly defined crime in preparation and prepares for a crimeas a direct intentional crime unfinished form to use.The third part of this paper is the focus of the article discusses. Inthis section, I first prepares for a crime the punishment range and preparesfor a crime of criminal responsibility basis, analysis of the legislativemodel of the world prepares for a crime, summed up the preparatory actsof crimes are not punished, in principle, punishment, punishment inprinciple on three modes, as well as criminal liability and completedguilty of the same punishment, get less punishment, must less theprinciple of punishment three kinds of punishment, and a detailedanalysis of the pros and cons. Then the provisions of79of our Penal Code and97criminal law prepares for a crime to be. Pointed out thatChina should reflect the scope of punishment prepares for a crime is toobroad and criminal responsibility too heavy the model to draw on theprinciples of other countries plus the exception of the punishment rangeand relatively light mode of the criminal responsibility legislation in orderto meet the development trend of the Penal Code.The fourth part of this article, I pointed out through the previousdiscussion of the amendment of Article22of the Criminal Law andlegislative proposals. Suggested that our country prepares for a crime thepunishment provisions in the general provisions of criminal law, but alsoin the corresponding provisions of criminal law shall be punishedprepares for a crime, and punishment prepares for a crime to the criminallaw provisions shall prevail. Added to achieve the general provisions insub-rule mode of punishment.