The Criminalization Of Preparatory Act

The criminalization of preparatory act has appeared under the background of risk society. Few of preparatory acts involving certain law benefits have been classified and stipulated as independent substantial preparatory crime. This trend not only reflects the tendency of which stands for strict guarded of vital law benefits, but also can tighten the arms of the criminal law. Terrorism crime area has become the most representative embodiment of the criminalization of preparatory act.Public safety consciousness has been increased significantly, so as the fear for risk. As the fundamental law which reflects state coercive power, criminal law has been raised expectations with its function of safety assurance. On the other hand, the threat to law benefits can also be the logical proof for criminalization of preparatory act. Although the damage of legal rights has not arisen yet, preparatory act can pose a threat to the specific collective social interests, and present a major challenge to vital law rights. Therefore criminal law should be involved and regulate this type of conduct. On addition, the social needs of criminal law protection in advance has been appeared on account of the features such as violence, political nature, horror and the recent development trend of terrorism crime.In recent years, terrorism crime has become a global difficult problem. It has greatly damaged the peace and safety of the world, the development of economy and society, and attracted the attention of different governments. After some international conventions had tightened up the controls of terrorism crime, a few of countries have been criminalized preparatory acts of terrorism crime. The Criminal Code of Germany is the most comprehensive one. Based on the intensified trend of terrorism crime in our country, considering the severity and irreversible nature, we have been enlarged the crime circle of terrorism. Conform to the historical trend of the time, China has stipulated the crime of preparatory conduct of terror activities, and the crime of funding of terrorism crime, in the latest criminal law amendment last year. Some specific preparatory conducts, such as preparing, funding, recruiting and transporting personnel, had turned into independent crimes, to make sure that the public safety could be protected effectively, and the horrible results of terrorism crime could be avoided successfully.Remarkably, the criminalization of preparatory act must be implemented in a certain range. There is no doubt that not all kinds of preparatory acts can be stipulated independently in the law. Even in the area of terrorism crime, criminal minds and the acts which have no necessity can never become independent crimes. What’s more, the criminalization has always happened in the field of risk, instead of the traditional law interest area. The principle of modesty and principle of liberty must be taken into the consideration. And the law benefits that infringed by preparatory acts should be objective and specific. Public sense of security or any other kinds of emotion can not be the reason for the criminalization of preparatory act.