Probe Into The Punishing Principle And The Range Of The Preparatory Crime

There are differences between legal culture and tradition in the countries all over the world, therefore, the criminal law of various countries has one's own special to the legislative mode that the preparation's punishment, and mainly have the three different legislative modes. First, the continent law is a legislative mode. The continent law is the constant completion because of the criminal law thought of capitalist class of the countries and regions, and have established the total guidance idea that the behavioral principle can't be fined for preparing. But there are some differences on the concrete legislative mode, mainly have two kinds, namely divide and especially stipulate the mode in criminal law, general provisions summarize and stipulate and divide and especially stipulate that combine the mode. Second, the Anglo-America law system legislative mode. Anglo-America law system legislate to be identical with the continent law in principle in total guidance about the persons who prepare, namely take not punishing the persons who prepare formally as the principle. Because of historical background that is produced being different, Its value reflected inclines to have greater differences. Have, different from continent law place of department to legislation made to plan, show: Prepare behavioral punishment to the crime of conniving; Do not distinguish with the abortive behavior the behavior of preparing, Through punishing the abortive behavior, To punish the behavior of preparing. Third, the legislative mode taking Russia as representatives' country. Shown as and made the regulation of sense of principle among general provisions of criminal law to that how to punish the person who prepare at legislating in its general characteristic.As for the punishing attitude to preparation, criminal law theories of various countries and criminal legislation are not the same, can sum up for the following punishment ways mainly: To preparation does not punish in principling; To preparation does not punish in principling, only plan to make and punish to committing crime seriously; to planning to preparation in principle. In punish in principle the light punishment principle should store in, punishment principle that can't be light, Antithesis of very light punishment principle.I think at punishment way adopting to harmfulness loud planning to make and punish, more reasonable in young planning to make the way that will not be punished to the harmfulness. In punish in principle should adopt the light punishment principling.It is constitutive elements of crime planning to be made to establish this punishment way and basis of the punishment principle.