Research On The Penalty Of Criminal Preparation

The crime preparation is an unfinished crime which is an intentional crime. There are some disputes about crime preparation whether punished or not in theory. Some people oppose to punish the crime preparation. But some people hold on it. In fact, the two ideas are absolutely. Form the legislative of crime preparation, our country punishes all the behavior of crime preparation in principle, not only make people feel too severely, but also no help to apply in criminal practice. In our criminal justice, the situation of punish the crime preparation only a few which make difference between legislative and practice. The paper basic our country and the foreign legislation, using historical analysis, comparative analysis and critical methods, attempt to discuss the punishment of crime preparation. Point out the basic stand is crime preparation should be punished, but should be restrict the punish range. Form definition, punishment range and punishment principle and so on, point out legislative suggestion.