Study On The Implementation Of The Preparatory Behavior

At the end of the last century,the new social risks had become a major problem under the background of social transformation and the progress of science and technology.To deal with the potential risks and make the prevention actively,criminal law,as the most effective and ultimate mean to protect the legal interests and human rights is also changing to adapt to the social status,generally from focusing on punishment afterwards to paying attention to prevention forwards.This legislative phenomenon,"the implementation of preparatory behavior",is regarded as one of the main embodiment of the legal pre-protection and various countries all have the common legislative practices of punishment in those specific serious crimes,as well as that,in the latest revision,"Amendments to the criminal law(9)",is also reflecting the importance of risk prevention.In this paper,through the following parts to conduct a detailed combing of "the implementation of preparatory behavior".At the beginning of this paper,we define the concept of "preparatory behavior","the principle of punishment for preparatory act" and "the implementation of preparatory behavior",and deepen our understanding of this legislative trend combined with the practice of legislation at home and abroad.Each country's criminal legislation are more or less reflecting this trend,and we can see it is mainly reflected in the crimes of endangering the state security,the public safety and the crime of terrorist activities;Turning to the legislative practice of our country,we also setting these principles to increasing the criminal penalties to combat crime and the width of the intensity.Behind a large number of legislative practices,there must be some support for it.The implementation of some preparatory actions is actually related to the two tensions between civil liberty protection and crime prevention.The theory of active ordinary prevention,provides theoretical support punishment of preparatory acts under the social background of increasing risk.Substantial illegal as the foundation of punishment is according to "The Dualism of Conduct Without Value",considering both of dangers itself and consequences,besides,under the overall trend and the criminal policy nowadays,preparatory crime also meets the judicial investigation and early intervention on the special legal protection.The implementation of preparatory behavior brought about the process of the conversion,which from the punishment of the form preparatory crime to the substantive preparatory crime.The penalty power expansion exceeds a certain limit will inevitably bring some worries;the boundary of punishable is uncertainty also makes the scope of legal interests protection to be fuzzy.Accordingly,putting forward those questions for preparatory act of what extent and the scope of punishment should be set up for preparatory behavior,the question of when and where to intervene is the most appropriate.Summarizing the overall development of preparatory behavior implementation,considering comprehensively from the aspects of legislation and interpretation,reasonably limiting the scope of preparatory behavior punishment,and putting forward more scientific and reasonable punishment principles,and all of the essential points need to be addressed and discussed in this paper.