Research On The Implementation Of Prepare Behavior

In order to better combat crime and protect human rights,and to deal with potential risks in society,so as to achieve legal protection,China's criminal law has intervened in advance to prescribe certain preparatory acts in certain areas as separate offences,requiring partial punishment for serious crimes.The preparatory act is accompanied by an independent statutory sentence,which is the practice of preparatory behavior.In the judicial practice,two new offences were added to the Criminal Law Amendment(IX)sub-rule,which embodies the practice of preparatory behavior,namely,“preparation for terrorist activities” and “crime of illegal use of information networks”.The research on this issue has both domestic theoretical foundations and foreign theoretical references.This paper synthesizes the theoretical and practical status quo at home and abroad,expounds the theoretical basis of the implementation of preparatory behavior,and defines the criteria for the implementation of preparatory behavior.Through the analysis of the types of preparatory behaviors,the countermeasures to improve the path are put forward,and then the judicial practice after the implementation of the preparatory behaviors in China is promoted,and the legal system of China is constantly improved.The full text is more than 30,000 words and is divided into five parts.The first part is the introduction.This part starts with the source of the topic and the significance of the research,comprehensively compares the research status in the field at home and abroad,and expounds the research methods and innovations of the article.The second part is an overview of the implementation of preparatory behavior.The practice of preparatory behavior is based on the preparatory behavior.Therefore,this part first describes the concept of preparatory behavior,and then elaborates on the concepts and characteristics of the preparatory behavior,and finally implements the preparatory behavior and general preparatory behavior.The attempted crimes are differentiated,so that they have a clear understanding of the practice of preparatory behavior.The third part is the theoretical basis and standard definition of the preparatory behavior.This part is based on the implementation of the standard of preparatory behavior,from the theory of collective legal benefit,the theory of social harmfulness,the theory of positive general prevention,and then defines the applicable standards for the implementation of preparatory behavior,including the implementation of the preparatory behavior itself.Standards of conduct,standards of legal infringement,and standards of limits.The fourth part is the type analysis of the preparatory behavior.This part is divided into two parts: extraterritorial analysis and intra-domain analysis.The extraterritorial analysis includes self-preparation and other people's preparatory crimes,independent preparation and subordinate preparatory crimes,substantive preparatory crimes and formal preparation crimes.Intra-domain analysis includes the types of terrorist activity preparations in the field of public security and the types of information cybercrime preparations in the field of public order.The fifth part is the limitation and path choice of the implementation of preparatory behavior.This part combines the types of predatory behaviors of terrorist activities and the types of pre-actions of information cybercrime in the Criminal Law Amendment(IX),and considers the problems in judicial practice,and then derives the behaviors in the process of preparatory behavior.The limitation of the boundary and the risk of the expansion of the penalty right,in view of the above problems,combined with the legislative practice,proposes that the implementation of the preparatory behavior should reasonably set the standards of behavioral boundaries,the preparatory behaviors against the major legal benefits should be implemented,and constantly improve China.Criminal law system.