The Punishment Range Of Crime In Preparation

What is the beginning of the crime? When is the most suitable to fight thecrime? These problems have been difficult for Chinese and Foreign theorist. Ourcriminal law justly establish generally role. This mode comes from old criminallaw, but actually, only few behavior is regard as crime, so, the law isn't suit forjudicatory practice. According to domestic and intemational criminal theories andlawmaking, judicatory practice, to our country the crime within penal code prepareof the lawmaking ruling make a certain modification and get my views.The essay, with total of 35, 000 words, consists of 5 parts as follows:The first part is the summary of criminal preparation. At this part, authorthinks that the criminal preparation should be regard as one behavior without ofcompletion, then according to behavior, distinguish the beginning of it, and theauthor suggest some standpoints of the theorists, to find the troth of the criminalpreparation, theory prepares a crime to mean, commit crime with criminal intentthat the uncompleted etc. related concept carries on a comparison to further moredisplay its content and outside postpone, but author agree with professor ZhangMing Kai's standpoints about begin of behavior.The second part is the punishment of criminal preparation in the history. Atthis part, author find that in the ancient west criminal preparation isn't punished inthe beginning, the crime was uncompleted to make a demarcation, but only will itwith since hence make an equal punishment; Eastern Europe and Soviets namelyestablished the rule that punish the criminal, preparation in the beginning; butafterwards also gradually make a restriction to this; our country in feudalism epunishes sharply criminal preparation, give a punishment towards preparingbehavior, but generally adopted to necessarily reduce a principle.The third part is the basis and restriction of the punishment of the criminalpreparation. According to crime policy and the basis of the criminal responsibility,the criminal preparation should be punished. The crime responsibility according totheories have various views, and the author think that subjective malignant is morereasonable, Behind talk about restriction of the criminal preparation, because the social judicial resources is still very limited, how take into a limited judicialresources reasonable dispensation, still is worthy of pay attention to, At the end ofthis part, the author make a simple analysis of the punishment of the criminalpreparation in the future.The forth part is the punishment mode of criminal preparation in thecontemporary. At this part, the author through the contrast of the latest crime law,get the conclusion that gets to reduces and think should apply to necessarily reducea principle for commit criminal preparation. Relating to development process ofour criminal law, point out our country the criminal law should apply always incommit criminal preparation problem to separately then combine together oflawmaking mode and necessarily reduce a doctrine principle.The fifth part is to revise the criminal law and establish scope of criminalpreparation. As the last part, the author suggests that "To practice the crime,prepare tool, manufacture condition, stop because of thing outside of one's mind, iscriminal preparation. The criminal preparation, should be punished if embodied inthe sub-provision, but the penalty should be reduced. Finally the author suggestthat add "This offense punish the criminal preparation."...