A Research On Preparation For The Terrorism Crime

The Amendment? to the Criminal Law of the People's Republic of China has done some new provisions on terrorist crimes, it reflects some characteristics, such as protection by the law playing a role on the early stage, expansion the scope of punishment, and severity of punishment. And all these changes are made in order to fight against terrorism crime which is more and more serious. Preparation for the terrorism crime is a new charge, actually, this charge takes criminal preparations as acts of perpetrating, to against terrorism crime from the preparation, so avoiding or reducing the jeopardy to the society will be possible.Preparation for the terrorism crime is a new charge, at the same time, it's special because of regarding preparations as acts of perpetrating, so there isn't so many discussions yet. Even if, there are different views on if criminal attempt and preparation for crime exist in this charge. And it's sure that all these different views would cause different application in judicial practice.My article mainly elaborate the legislation background, crime constitution, and criminal pattern of the preparation for the terrorism crime. There is no controversy that the special nature of the crime of terrorist activities and the increasingly rampant, impel more and more rigorous anti-terrorism criminal legislation. But the whole legislative process is not achieved overnight, after a number of amendments to the criminal law, the newest revision highlights on the crime of terrorist activities since the policy of early. The understanding of the crime constitutes the basis for the application of the crime, in my article, the theoretical system of the combination of the elements and the elements of responsibility is used to analyze the crime constitution of the crime of preparing the implementation of terrorism. It is also the key point of this article to solve the problem of the conviction and sentencing of the crime form, by analyzing the crime unfinished form, joint crime and quantity of crime, it can be possible to distinction between the crime and non crime, this crime and other crime, one crime and several crimes and penalty problems.The last of the article, I explained the points should be paid attention to in the judicial practice of the crime, in order to ensure the accuracy of the applicable law. And the protection of suspects' and the defendant's rights, finally to make sure of the legitimacy and rationality in judicial practice would be achieved.