Inquire Into The Punishment Mode Of The Crime In Preparation Of China

In reality, there are always some of the offenses with no punishability in caseswhere the provisions of article22of the Penal Code was convicted and punished.While some of the information in reality there is a90percent of the PreparatoryCommission, which had not been addressed in other countries through a study oflegislation, China also appeared to be very rocky outcrops. Then he tried tore-structure to reveal the theory of unreasonable and this article refers to the conceptof interest in law, reference is made to the Teacher Chang Ming-kai of crime relatedexpositions, in order to demonstrate the point Nature Reserve committed misconductpenalties.Full text is divided into three parts.The first part is ready to make law benefits of non-invasive discussion, theauthor tried to prove who prepares for a law benefits because of its non-invasivesmaller, and not to the degree of punishment should be. First introduced the nature ofthe crime in the theory, discusses and pointed out that the defect of the pointed out,and the views of the author, in favor of the law profit violation said. Secondly theconcept of interests around discussed, including how to precisely define the conceptof interests, law profit function, can see using law benefit this concept more in linewith the social progress trend, reflect the purpose of the legal protection of humanrights. Whereas crime essence doctrine tend to explore protection social relationship,not only range too wide, have extensive the ethics of trend, in practice, also haveinvaded the concern of individual rights, and bad definition. That law profit violationsaid, law profit refers to the interests of the legal protection, emphasized that thecriminal law and the ethics of separation, design the public power operation of theborder. Again, in front of the paper based on the discussion and made ready lawbenefits invasive. Prepare to make concept is defined, and its and distinguishbetween crime in preparation, this paper made referred to prepare, mainly from thepoint of view of the punishment of the definition, and attempted offense orsuspension, make corresponding etc. And then using "dangerous increasing theory"to prepare the paper made law benefits invasive. Prepare for the crime committedbehavior for the violation of law benefit is more of a possibility, our country soexcept provisions The history of the Soviet union from factors, is the need of thecriminal policy, so need to the provisions of the criminal law for perfect. This part discusses the nature of the crime from the start, it is ready to make the support of thelack of punishment in theory.The second part, the reason in which we should perfect the punishments modesof our country. Firstly, introducethe other countries in the world of the legislation,the general provisions of China in the world is relatively rare. Then from culture,analyzes the theory according to the provisions of the our country.Secondly,specificanalysis of our preparation make punishment pattern formation of after and played apositive role, this model of producing type of the products of history, at that time inplaying a positive role. But,"all in history in the history of the form will diein".Again, from four aspects analyzes the perfect our country prepares for a crimepunishments modes of the reasons of the theory, specific include: the provisions ofthe criminal law in the place of reasonable, the whole theory of criminal law thereare conflicts; The criminal law against the modest profit value, other countries evenstipulated the punishment for crime and punishment in the more but also to handle;Show the our country criminal law theory of subjectivism position, and the trend ofworld development abhorrent and experientialism position is more advantageous tothe guarantee of human rights; This model will everyone in dangerous situation, goagainst the realization of human rights. In the final analysis, to perfect thepunishments modes to the practice of reasons, such as practice penalties rarely,caused the legislation resources fause, damage the majesty of the law, in theoperation, there exist some disadvantages, and damage the judicial justice. Toperfect our country prepares for a crime punishment mode possible problem ofunderstanding also read, won’t cause crime jumpstart the case.The third part, how to perfect the punishment modeof our country of the Crimein Preparation.Firstly introduces the types of crime in preparation, the relatedconcept of distinction. Such as independent prepares for a crime and affiliate readymade, points out that the criminal law should be punished for making type. Secondly,distinguish crime in preparation and criminal attempt, the penalty made ready,inevitable to involve to define the behavior, the author agrees with the essence ofadoption Objective to define. Again, distinguish preparation made and conspiracymake and FanYi says, to prevent the behavior of the case without any punishment. Finally, delicate, specific discusses the views of the author. In our country toadopt the special provisions model provisions, and how to reconstruct the concretediscusses, that is endangering state security crime, serious violent crimes of separateregulations. The part of the paper is shown slightly rough, the article discusses theoverall hollows in China than who prepares for a perfect reason for the pattern ofpunishment.