Study On The Actualization Of Preparatory Act

Under the background of risk society,risk criminal law is applied.In order to deal with the potential risks and protect the corresponding legal interests,criminal law should intervene in advance to punish some serious crimes.This kind of legislative mode of carrying out the preparatory act which does not belong to the specific regulation of criminal law is called the implementation of preparatory act.The emergence of such a legislative model has a profound theoretical basis and urgent practical needs,can effectively protect the interests of national security,promote social harmony and stability.But it is undeniable that its nature has expanded the criminal circle of suspicion,contrary to the modesty of criminal law,but also by many experts and scholars questioned and criticized.On the basis of reviewing the existing research results at home and abroad and clarifying the legislative and judicial status of the implementation of preparatory act in China,the author analyzes the theoretical and practical basis of the implementation of preparatory act,which is reasonable and justified,but its scope of application should be strictly limited to prevent the implementation of preparatory act from being too generalized and damaging the foundation of criminal law.There are four parts in the text:The first part is the summary of the implementation of preparatory act,starting with the concept of preparatory act and implementation act,through comparative analysis,the connotation and extension of the implementation of preparatory act are clear.On this basis,this paper combs the legislation and judicial practice of the practice of preparatory act in our country,analyzes the current situation and puts forward some problems,and concludes the theoretical,legislative and judicial difficulties of the practice of preparatory act in our country.The second part mainly introduces the legitimacy of the preparatory act.From the realistic and theoretical aspects,this paper interprets the legitimacy of the existence of the practice of preparatory act,in order to analyze the profound foundation of the existence and development of the practice of preparatory act.The third part and the fourth part are corresponding,mainly based on the previous text,combined with legislation,justice,theoretical status,analysis of the challenges faced by the implementation of preparatory acts and proposed countermeasures to the challenges,in order to provide some suggestions for the implementation of our preparatory acts oflegislation and justice,and then to promote the perfection and development of the theory of punishment of preparatory acts.