Preliminary Study Of Preparatory Behavior

Preparatory behavior is committed,to some extent,is the product of risk society,but also conform to the times.In order to better combat crime and protect human rights,China's criminal law will be some specific areas of the preparatory behavior to the independence of the charges in the sub-rule,and with an independent statutory punishment,we call this legislative phenomenon"preparatory behavior is committed".The new provisions in "Criminal Law Amendment(9)",such as "ready to engage in terrorist activities”and "to prepare the crime of cyber crime" are typical representatives.For the study of the problem,although the starting point lies in China's national conditions,but its theoretical background is "the world".By combining the doctrines of law and criminal policy,the article reveals the theoretical basis of the preparatory action,and attempts to explore a prerequisite for the conduct of prejudication by restricting the "preparatory behavior" and "legal infringement".By combining and studying the relevant provisions of other countries' criminal law theory on the preparatory crime,the reserve crime and so on,we can learn and guide the judicial administration of our country's preparatory behavior and truly realize the localization transformation.This article has a total of 30000 words,including the introduction to the conclusion of six parts.The first part "introduction",this part mainly introduces the writing background and structure of the article,and through the Chinese know nets,to prepare behavior crime of literatures at home and abroad were reviewed.The second part "crime legislation at home and abroad investigation of the perpetrating act",mainly inspects preparation behavior crime of relevant legislative regulations,from the continental law system and Anglo-American law system to find ready behavior the phenomenon of the legislative background of the birth of behavior,to prepare for our country's behavior crime to provide guidance and reference.The third part and the fourth part is the core content of the article,the main object that discussed,also the great innovation.This two parts of the integrated use of method of dogmatics and criminal policy,to prepare behavior of making a powerful according to looking for.The third part of the "crime of perpetrating act according to the" involved two concepts,"felony preliminary behavior crime"and "investigate difficult preparation behavior crime".The fourth part is "preparation standards of behavior crime",through the "preparation" and "law profit violation" to limit,it can help us correctly understand what preparation behavior can be treated as crime.The fifth part "prepare the behavior crime of judicial cognizance",is to prepare behavior crime judicial cognizance,this part is mainly talked about the preparation behavior crime of master-slave determination,sin number form identifying and phase morphology form,thus for the related problem in the judicial practice to disabuse,in order to better achieve the unity of legislation and practice.Conclusion part summarizes the full text,and on the basis of introduction to answer on the proposed could prepare behavior crime in expanded to food crime and other related serious crime.