Research On The Implementation Of Preparatory Behavior

According to the provisions of Article 22 of the Criminal Law of the People's Republic of China: "in order to prepare tools and conditions for a crime,a person who makes conditions shall be prepared for a crime." Criminal preparation can be interpreted from three levels,including preparatory act,preparatory form and preparatory stage.Article 22 of the Criminal Law refers to "preparatory act".In this paper,the preparation of crime is also discussed from the perspective of preparatory behavior.Refers to the preparatory activities with certain social danger taken by the perpetrator before the act of intentional crime is carried out."the crime of preparing to commit terrorist activities" and the crime of "illegal use of the information network" are added to the penalty(9).It further reflects the legislative trend of the implementation of preparatory behavior in our country.The implementation of preparatory act refers to the separate stipulation of the crime and statutory punishment of preparatory act in the sub-provisions of criminal law in order to punish it separately.In essence,it is the constituent element of giving preparatory act to carry out the act,and does not need to rely on the provisions of the general provisions of criminal law.This kind of independent criminal preparatory act is the substantive preparatory crime,and the trend of the transformation from the formal preparatory crime to the substantive preparatory crime is the criminal preparatory act.From a narrow point of view,the implementation of preparatory act refers to the practice of preparatory crime,which is the legislative mode of directly defining the preparatory act,which originally belongs to a certain crime,as the carrying out act,and setting up a separate charge and legal punishment.But from the broad angle,In terms of degree,the implementation of preparatory acts refers to the decriminalization of all preparatory acts in the sub-provisions of criminal law.In this paper,in order to fully and comprehensively demonstrate the relevant legislation of the implementation of preparatory acts in the sub-provisions of the criminal law of our country,the concept of the practice of preparatory acts in a broad sense is adopted.The legislation of the implementation of preparatory behavior in our country is in a predicament under the guidance of the general punishment theory of preparatory crime,the insecurity brought by the risk society and the positive general prevention theory.The practice of preparatory behavior can make up for the defects of the traditional theory.Protect major legal interests in advance and comply with the criminal policy of "beating early and hitting small".Through combing the charge system of the implementation of preparatory acts in the sub-provisions of criminal law of our country,as well as the analysis of typology,this paper finds that the provisions of the practice of preparatory acts in our country are mainly aimed at infringing the legal interests of the state.The crime of major legal interests,such as public legal interests,and the "empirical type" carried out according to the way in which the crime is prepared.Legislation conflicts with the modesty of criminal law,which can easily lead to the expansion of the power of punishment.At the same time,it also has the characteristics of lack of legislative system and one-sided classification of behavior.Therefore,the author analyzes and reviews the trend of the implementation of preparatory acts in the current legislation of our country,and puts forward that the principle of modesty of criminal law should be adhered to in the criminal legislation,and the scope of protection of legal interests and the types of preparatory acts should be restricted.As well as the restrictions on subjective illegal elements and objective illegal elements in criminal interpretation,and reasonable restrictions on criminal justice,so as to put forward some suggestions on the development of the implementation of preparatory acts in our country.