The Empirical Research Of The Judicial Application Of Criminal Preparation

As basically belong to the civil law countries of our country,in the provisions of the criminal preparation is different with other civil law countries.In most of the civil law countries of the criminal law,the crime preparation in principle is not punishable,and there is no relevant provision about the Criminal Preparation in the general rules of criminal law.But our country has laid down the concept of criminal preparation and the principle of punishment in the general principles of criminal law.It is punishable for all criminal preparations,and also provides for the principle of punishment that can be mitigated.In the context of the current criminal policy,criminal law theory and judicial practice related to crime preparation are faced with various problems and difficulties.In view of this,this article from the perspective of empirical analysis and comparative study of China’s criminal preparation in the legislative and judicial problems.And pointed out that the solution of ideas and methods,with a view to China’s criminal law theory and criminal justice practice in the crime of the relevant issues to solve the problem.A total of more than 31 thousand words,in addition to the conclusion is divided into four parts:The first part is the introduction of this article,mainly to explain the research background,methods,sample selection and research significance.First of all,this paper introduces the research background of this article is the criminal law in China’s criminal legislation and the principle of punishment have been questioned by the academic community,the empirical method and comparative study method are used in the research method.Secondly,the samples are selected from the three conditions of the trial procedure,the spatial scope and the case type.Finally,the significance of this study is expounded.The second part is an empirical study of the sample,that is,the case of criminal preparation,divided into three aspects.The first is the overall investigation of the crime case,including the proportion of the entire criminal case and the recent trend;followed by the scope of the crime to prepare the scope of the statistics,including the distribution of the rules of the criminal law and the distribution of the charges in each chapter;Judicial practice of the crime to prepare the case of the specific grasp of the situation of the statistics,mainly corresponds to the "Criminal Law" Article 22,paragraph 2 of the application.The third part is the crime preparation related issues comb,divided into four aspects.First,the crime preparatory behavior itself is difficult to define,this aspect is mainly from the perspective of criminal law analysis of crime preparation and criminal expression,crime preparation and proceeding to define the problem;second,the crime preparation of the scope of abnormal punishment,mainly divided into legislative status and Thirdly,from the referee instruments found that the application of the principle of criminal punishment is not standardized;Fourth,in the judicial practice of the existence of the crime of sentencing to grasp the unity or even imbalance phenomenon.The fourth part is the top priority of this paper,which is the reflection and improvement suggestion of the theory and practice of crime preparation in our country.It is also divided into four aspects.First of all,to improve the legislative model of crime preparation in our country,from the general principle to the total score combination and then into the specifics special stipulation;Secondly,limit the scope of punishment for crime preparation,from different chapters,different types of crime analysis It is necessary to revise the principle of punishment for the preparation of the crime,and to revise the principle of the current reduction of the principle of diminishing the principle;finally,to regulate the judicial practice of criminal cases of sentencing activities,Unified sentencing range,standardize the aggravating circumstances of the sentence applies.It also part special provisions for the future how to sentencing outlook is proposed.