A Study On Nature Of The Crime In Preparation

The crime in preparation, refers to implementing a crime shall act but because of factors independent of the actor, the form of crime is not finished. It is domestically and internationally controversial whether criminal responsibility should be charged with the crime and to what extent it covers. With international human rights and judicial reform, the reform of the punishment should be performed with no procrastination.Current concerned laws have been in no concert with the international criminal law, and out of touch with social development trend. Besides, our overall crime isn’t in concord with the system, thus a series of problems to the reform occurred and must be rectified.In the field of traditional criminal law, the criminal takes layered responsibilities:philosophically, the actor on the basis of the conduct which is relatively free will; essentially, it is prepared to make a serious hazard; lawfully, it is based on the ground that the law to which the crime is applicable; factually, it is the actor shall be implemented in a crime for the actual behavior. The criminal is to be convicted because of its threat to public security. But this does not indicate that all the preparatory activities should be punished, because not all criminal acts are prepared to make a preliminary.This article, by studying the conflicting perspectives, is to discuss the necessity of the punishment of the crime through a comparative study of different views, by the related case studies to explore the essence of the consideration of the practice of the enhanced punishment to illustrate just to prevent the relevant legislation. The article aims to spot loopholes in current laws and then provide suggestions.Preparatory crime can only be found in direct intentionally committed crimes, and not all direct crimes belong to preparatory crime intentional crimes committed. In addition, preliminary, and the scope of them shall be meek under criminal law or spirit of the punishment shall be made. Preparatory crime should be found guilty; however, there is no universal applicable law for it. The criminal responsibility of the crime has experienced three stages:guiltyâ†'not guiltyâ†'not guilty in general with exceptions of guilty. There are three principles regarding the crime both in home and abroad:equality, possible reduction and certain reduction. In contrast, the principle of certain reduction has balanced the basic principles of criminal law. As far as our current legislation is concerned, a rough model of our criminal law has set the scope of a sanction, which does not clarify punishment on the principles and not truly reflect it, ready to make balanced against crime. Of course, it is deep-rooted. In view of this, it is necessary to make the punishment of our legislation perfect. The general provisions and specific regulations are combined of the general laid down in the preliminary:of feature and punishment, and prepared to prescribe penalties for specific provisions expressly provided for, in criminal law to certain provisions felonies committed and its preliminary are penalized.The amended pattern is in line with the international criminal law and the social development trend of the laws of development, in our criminal law to the objective of the fundamental position and accepted the decision of subjectivism, punishing serious crime set a first concern is about and cause the serious threat in preference to consider the actor the subjective and the malignant. Second, this amendment is to solve in the judicial practice to make punishment feasibility weak. In particular the judicial practice to make punishment for specifications are not clear, therefore, the judge at specific execution of punishment or not to punish or has not caused any reasonable. If modified to quantify, I believe this situation will be greatly improved, the judge in specific cases, accordingly, in the law in the exercise of discretion, it’s natural to avoid social issues, to stabilize the social order and improve the people of the law is a good sense of trust. Third, this amendment is to reflect the principle of criminal law. By this amendment after the criminal law shall be made to have a purpose, there is scope to the target must be more concise; and crack down on purpose to get better, on the international criminal law for the broadening of a broad principle, to reduce the waste of resources, and valuable judicial resources to play a bigger role. Fourth, to atone for crimes such changes in the system to coordinate issues, there is a very important role. According to criminal law, whether in general for ordinary crimes or to constitute a crime in particular, are in complete the form of specimen, such behavior is a completed prototype (prepare for the establishment of the crime is committed) the most basic conditions? Crime is constituted as the guidance of the criminal law a tool in the judicial practice as a template is a thousand times of repeated use, of course, the path and lead the way to follow the complete the form of legislation in advance mind. in fact, ready to make the punishment of the relevant regulations, does not follow such legislation in advance the completion of the form of thought that a guilty, the presumption of our criminal offence constitutes a theory is very harmful. Behavior of a completed prototype (prepare for the establishment of the crime is committed) the most basic condition is controversial, the inclusion of crimes in the penal system, the cart before the horse made by the system of crime in coordinating there are many problems. these helped to prepare for changes in relevant regulations a most pressing task.The use of specific cases, a detailed study on introduction of the argument about going to be punished, and practical and theoretical research vague and difficult, and the related crimes are similar shapes, and found it reasonable, the defects and deficiencies. the proposed legislative amendments relating to make a proposal for traditional theory research may be, but I tried to find a way to illustrate just and the lack of practice the system are not smooth. Especially difficult in the application of the case, other theory may not agree with the theory, even a sharp argument, but the policy should be implemented in academic ambience is good, the argument may cause some theory, it can be gleaned to the idea of progress and jurisprudence of the progress and the progress of civilization and make relevant legislative amendments to the judicial practice be better examined. Limited to the level, there are more questions, he may not fully mature, and may not solicit members of the teacher corrected.