Research On The Legislative Consummation Of The Preparatory Crime

Preparatory crime is an important issue in the criminal jurisprudence,whether 79 criminal law or 97 criminal law has relevant provisions for the preparatory crime.However,there has always been a great controversy in the field of criminal law in China,whether it is the name,definition or punishment of preparatory crime.Especially the criminal law amendment(9),which increases the "ready to implement terrorism".It has brought forward the preparation of terrorist activities and brought forward the protection of the law benefits.Such legislation cause many controversies among scholars.Based on this situation,the author thinks that it is necessary to study the theory of preparatory crime.So the author through consulting a large number of relevant of preparatory crime and learning about the relevant researches on preparatory crime at home and abroad write this article.Which aims at the legislative status of China's preparatory crime,from the theoretical analysis.The second chapter of this paper starts from the definition of the preparatory crime,and clarifies the difference between the preparatory crime,preparatory act and crime preparation.And through the comparative analysis with suspended crime and attempted crime,the characteristics of the preparatory crime are summarized.Then the author divides the categories of the preparatory crime and defines the independent preparatory crime.The third chapter introduces and analyzes the present situation of the legislation of foreign countries.Then the author introduces the present situation of the legislation of China and analyzes the defects of our legislation in the light of the situation of extraterritorial legislation.On this basis,the fourth chapter is to prepare the crime of terrorism as an example,from the legal rationality,the legislative rationality,the judicial rationality three aspects to analyze the rationalization of the partial preparatory act.In the fifth chapter,the author puts forward some suggestions on the legislation perfection of our country,on the basis of fully recognizing the rationality of the perspective some of the criminalization of preparatory act.This paper through the literary analysis,system analysis,historical analysis and comparative analysis find the inaccuracy and inappropriateness of the legislation of our country's preparatory crime,scholars' understanding and application deviation of the concept of preparatory crime,as well as the deficiencies in the judicial practice.Summarizing the above problems,the author defines the relevant concepts of the preparatory crime,and solves the problem of the mixed use of the relevant concept of preparatory crime in our country.In this way,the author puts forward some suggestions on perfecting the legislation of our country's preparatory crime.That includes the legislative model,the legislative activity in the process of legislative model transformation,the punishment of the preparatory crime,and the scope of the perspective some of the criminalization of preparatory act.It can solve the embarrassing situation of China that generally punish in the legislation but not punish in the judicial practice at present.And also it can eliminate the concern that the perspective some of the criminalization of preparatory act will expand the scope of the penalty.The author hopes that through these Suggestions,we can make the legislation more perfect and the judicature more mature.