China Preparation Of Crime Punishment Scope Limit

It is starting point and leding point to study the entire crime for preparatory form of crime as anintentional crime unfinished form. However, There is a legitimate crisis due to the impact of the legislativebackground to the legislative provisions of crime preparatory. the nature of crime in preparation itself isconfusion, punishment model is also faced with innumerable challenges. It is lack of in-depth research tothe nature in theory. This paper attempts to analyze theoretical background and basic depending onanalyzing the principle of punishment on all kinds of cases from the legislative history of the profiles, andrefining the behavior category of the preparatory acts based on the concept of crime and criminal elementsof criminal responsibility and its nature of preparatory acts of crime combined with the defects of ourlegislation, covers the grounds of limit punishment offenders prepared, Take the difference involvingpreparation crime as contact point for providing a theoretical basis for the limiting preparation crime.In addition to the introduction and conclusion, is divided into the following three parts.Part I: Legislative Status and Problems on crime in preparationFirstly this section combs main contents about legislative of crime in preparation in Chinese history.Legislative trajectory of crime in preparation is looked at from the perspective of historical developmentaiming to provide a good historical background for nature analysis of criminal in prepration and revealinglegislative defects. Secondly, Provisions of current law crime in preparation is analyed, crime in preparationfor criminal law is interpretated. Nature locating of the crime in preparation has been made based on theanalysis of their legal status and different views in the criminal law field, aims to distinguish thepreparatory acts of crime and prepares for a crime. Difference is obtained between preparatory acts ofcrime and prepares for a crime from the confusion of concept of preparatory acts of crime. It is greatsignificant to the range of punishment of the crime in preparation and legislative improvements. Legislativedefects is analyzed based on the nature of the concept of crime and crime in preparation, The influence ofdifferent social harm to acts of the preparation for criminal and preparation range of limited reduction ofcrime is clarified. it is necessary to distinguish preparatory acts and prepares for a crime. This can provide ascientific theory for limit shrink prepares for a crime. Part II: Status of punitive and reference about crime in preparation in foregin.Variety of penalties principle of crime in preparation stated in this section. Firstly, the conceptual ofeach punishment principle and legislative purpose and theoretical background are summary, Eachtheoretical of punishment principle is stated for a view to in-depth. then we evalue every principle of apunishment for learning from. It can provide a theory for limiting the range of punishment of the crime inpreparation and analytical approach for crime in preparation.Part III: limits of penalties range of prepare criminalPenalties range of limiting prepare criminal and reasons are summsried in this section. First of all, thedifference between crime in preparation and prepares for a crime is the focus in the full text. The behaviorcharacteristics of preparatory acts is summaried according to the concept and characteristics of crime inpreparation are discuss. Behavioral categories of preparatory acts are summaried on the basis of its harm tosociety and the independent development process, it is bedding for prepares in a crime. The contens ofprepares for a crime involves the analysis of the concept and nature, it can prevent to confuse prepares for acrime. The paper discusses respectively the conditions of establishment and constitutes of prepares in acrime to finding the exact position to punishment of preparatory acts in prepares for a crime. There is greatsignificance to understanding of the concept "Crime" and "the will unincluding” mentioned in theconditions of establishment. It can find a clear punishment point for prepares for a crime according toanalysis of the relationship between crime in preparation and prepares for a crime. Limiting range ofpunishment is consistent with criminal nature. Serious harm to society is the essential characteristics of thecrime, and It is a kind of different behavior to society harmful of preparation for a Crime itself.Punishmentof crime prepared is also in line with the constituent elements amendmed. The paper discussed thelegitimacy of the punishment range of crime in preparation. Necessary explane to criminal responsibilityevaluation point is made. The necessary to limiting the crime-prepare is concluded based on the aboveanalysis.Abstract summary of the characteristics of the punishment of preparatory act is made according to asimple comparison of crime prepare legislative model. We except to make the theory leads to penaltiesprepare guilty in China, this is theoretical dilemma to explore the prepares for a crime.