On The Scope Of Punishment Of Preparatory Acts Of Crime

As compare with many other country's criminal law, the scope of punishment of preparatory acts of crime of our country's criminal law is activism. As contrary to the provisions of Criminal Legislation, the fact is that there're very few criminal cases about preparatory acts of crime in judicial practice. At most, the criminal cases about preparatory acts of crime which were announced crime is the case that involves major social relations. The legislature and the judiciary phenomenon above has existed a lot difference which attracts scholars' interest about the rationality of the provisions of Criminal Legislation of our country. As a scholar said: on the one hand, all preparatory acts of crime were sentenced to crime neither comply to economic principle of penalty nor does it according to theory of criminal law from the point of the theory of risk increase, on the other hand, the provision like a net obviously has the risk of abuse of penalty power of state. State should have not been so rulindadi in face of crime. So, the paper defines the definition of acts of crime in preparation and analyze their real social harm, then the article discusses the punishment of the crime of preparatory acts. Meanwhile, the paper introduces relevant theory of punishment scope, the relevant legislative model of foreign crime about preparatory acts. Then the article analyzes and evaluates the things above one by one, in which there are many useful theory and Legislative cases which are important to our country's criminal legislation on the scope of punishment of preparatory acts. Finally, the article has a preliminary discussion about the treatment of the "dangerous elements" after the "non—criminalism" and has a proposal that our country should also establish and improve Social defense system.