Research On The Criminal Form Of The Crime Of Preparation For The Implementation Of Terrorist Activities

The provisions of the People's Republic of China criminal law amendment(nine)on terrorist crimes generally have the characteristics of early protection of legal interests,the expansion of punishment scope and the severity of punishment.The crime of preparation for the implementation of terrorist activities is originally a preparatory act of terrorist crimes,but the amendment of the criminal law(nine)is implemented in the form of legislation.As a new accusation of the criminal law,there must be some problems such as the stop form of crime,the form of joint offense and the form of crime need to be identified and clearly defined.Since ready to implement the crime of terrorism is an independent charge,it shall apply to the general provisions of criminal law,but the crime of prepared marks the law expand the scope of punishment and increase penalties,If the act of preparation for the crime of preparation for the implementation of terrorist activities is included in the criminal law is contrary to the modesty of criminal law and easily into the danger of universal crime.So the preparatory act of this crime should distinguish between punishment and non-punishment and take no punishment as a principle.As long as have a certain conditions can be set up the discontinuation of the crime when the dangerous state hasn't happened yet.But if the actor voluntarily eliminates dangerous state,it can be considered for the suspension of the concrete terrorism crime.The start of crime is an important node to distinguish the preparation and attempted crime.In the determination of the attempted crime,the method of type analysis of crime constitution adopted by the formal objectivism is of referential significance.The crime of preparation for the implementation of terrorist activities is an abstract dangerous crime.The 120th article of criminal law two stipulates its four kinds of implementation behavior,and its interpretation is more conducive to the clarity of judicial personnel's application.The classification of joint crimes in China is mainly classified by division of labor and minor classified by action.The two criteria sometimes lead to confusion in practice.The crime of preparation for the implementation of terrorist activities usually carried out by a number of actor,there are many problems of accomplice identified in practice,in addition to the most common co-direct principal offender,indirect perpetrator,common narrow accomplice(abettor and accessory)that should pay special attention to the implementation of the characteristics of the preparation behavior.In the form of the crime,because of the "criminal law amendment(nine)" increase the terrorist activities crime charges,resulting in a large number of charges crossing in the constitution,there may be an act violates a number of crime or number of acts constitute a crime.The distinction between crime and non crime,one crime and several crimes,this crime and other crimes;the distinction between Imaginative Joiner of Offenses and Competing of Laws;concurrence of the crime of preparation for the implementation of terrorist activities and other crimes are the theory of complex problem.In the form of the crime number,we should pay attention to the ostensive role of the Imaginative Joiner of Offenses,and give priority to the Imaginative Joiner of Offenses relationship.In addition to this crime and similar terrorist crimes may be concurrence,it is also possible with charge of firearms and ammunition,crime of imparting criminal methods,crime of illegally crossing the boundary and other crimes of competition.The crime of terrorist activities of human behavior is more complex,how to identify the behavior character of the actor and correctly identify the form of perpetrator of the crime,in order to ensure the accuracy of the applicable law,safeguard the litigation rights of criminal suspects and victims,the judicial practice of the legitimacy and rationality is very important.