Research On The Scope Of The Implementation Of Preparatory Behavior

In our country's criminal law theory,crime preparation is an old and common topic.For saying it is old topic,because the punishment for preparatory acts can be traced back to the Law in Qin Dynasty at the earliest.u A sent B to steal and B was captured before the implementation of theft.Both commit crime,.It can be seen that in the ancient feudal society of China,there were provisions for criminal preparation.For saying it is new topic because accompanied by the development of times,criminal preparation has been undertaken new missions compared to the past——Implementation of preparatory behavior.Implementation of preparatory behavior has solved the need of protection of major legal interests.Even if the implementation of preparatory behavior is the product of the development of the times,it must be acknowledged that limited by the traditional ideas of law and backwardness of legislative techniques in our country,it is destined that the development would be more difficult.Implementation of preparatory behavior as a new thing,incriminating or not is very important.However,Our criminal law scholars pay little attention to it,and the theory about it is relatively crude.This leads to the unclear scope of the preparatory behavior,and also causes chaos in the understanding of criminal law theory,and even affects the inconsistency of judicial practice.Upon this,the author based on the previous theories and the basis of punishment,the author systematize the implementation of preparatory behavior,in order to re-clarify the scope of the scope of the implementation of preparatory behavior.This paper is divided into four parts:Introduction,Text,Conclusion and Acknowledgement.The text is divided into three chapters:Chapter one:Overview of the implementation of preparatory behaviorThe study of the scope of the implementation of preparatory behavior is naturally inseparable from the analysis of the concept.Therefore,it is necessary to discuss the relationship between the implementation of the preparatory behavior and the implementation of behavior.On the one hand,the preparatory behavior utilizes the characteristics of behaviorality and practicability,which can realize the transformation of the preparatory behavior into the practice behavior,and thus derive the specific concept of preparatory behavior.On the other hand,the nature of the implementation of preparatory behavior is still a preparatory behavior has not changed,and therefore,it is essentially different from the implementation of behavior.In addition,the preparatory behavior is constantly being implemented in the form of legislation,which solves the embarrassment of the traditional punishment model,but indicates the continuous expansion of its scope.We also need to be alert to the dangers of expansion,such as the expansion of the penalty power and the type of comprehensive.Chapter two:Basis of establishment of the scope of the implementation of preparatory behaviorUsing different criminal law theories as the basis,it will come to different conclusions draw in the scope of the implementation of preparatory behavior.Therefore,in order to solve this problem,the author advocates that the legitimacy basis for implementation of preparatory behavior should be discussed in the current legislative environment,it could be divided in detail into three major theories:risk society theory,subject's dangerous theory and social harmfulness theory.Among them,risk society theory means that legislation should meet the needs of current social risk prevention,so legislation must be involved in advance.Subject's dangerous theory puts forward that why the preparatory behavior is implemented because the main body danger increases.Social harmfulness theory takes the essence of crime as the entry point,to explain the legitimacy basis of the implementation of preparatory behavior as a whole through the perspective of crime theory and criminology.Chapter three:the limitation of the scope of the implementation of preparatory behaviorNot all preparatory behavior can be sinned independently through the above theoretical basis.Under the trend of increasing the number of implementation of preparatory behavior,it also faces the following crises while punishing crimes and protecting human rights effectively.If not stop it in the long run,it will end up suffering from infinity.Therefore,it is necessary to limit the implementation of preparatory behavior from different levels,so that it can be applied within the scope of criminal law.First of all,restrictions from the objective level should be based on the provisions of the specific provisions of the criminal law after the implementation of preparatory behavior and the independent crime.That is to follow the type of behavior prescribed by the provisions,and at the same time to take a limited interpretation of the underlying provisions.Next,undertake limitation from subjective level,China's preparatory crimes belong to the purpose of the crime,and the preparatory behavior should be implemented in nature,and should also satisfy the purpose of“for crime,.Finally,under the unity of subjectivity and objectivity,not only can the transition from the fractional rule to the general rule be restricted,but also the function of social harm in the practice of preparatory behavior can be sinned.