On Criminal Preparation Of Penal Code Of PRC

Crime preparation is a kind of stopped form which refers to someone to do various preparatory activities, his purpose is to commit a crime, but he was not successful, due to objective reasons. Crime preparation should include three aspects of characteristic:Its objective characteristic refers to has begun crime preparation behavior; its subjective psychological feature in order to commit a crime; Its integrated characteristic is behavior of human was forced to stop crime preparation act, due to objective reasons. The legislative technique of China’s current criminal preparation is advanced than feudal law. With the foreign legislation, its legislative mode has a rational basis. But it also has some problems on the set condition and punishment principle of crime preparation. In order to better guide the judicial practice, and carry out the basic principles of criminal law, it is necessary to be perfect:Firstly, remove the preparation behavior of prepared tools, just retaining the preparation behavior of created conditions; Secondly, change the" crime" to " for committing a crime", and add the psychological factor of crime preparation; Thirdly, The punishment of crime preparation should be changed to " must be mitigated punishment principle" from " can be mitigated punishment principle".