Research On The Implementation Of Peparatory Act

China is now entering the phase of social risk-prone period.In order to severely crack down on the terrorist crimes and cybercrimes,China has stipulated the Preparation for the Terrorist Crime and Illegal Use of Network Information in the specific provision of Criminal Law.This kind of legislative phenomenon is called the implementation of preparatory act,which also exists in other chapters of the specific provision of Criminal Law.The Criminal Law provides a legal basis to strike crime and serve as the guarantee of national security and people's rights.With the continuous development and changes of the society,the Criminal Law must be constantly adjusted to meet the needs of the society.The implementation of preparatory act is a kind of legislative technology that adapts to the social situation after the criminal law adjustment.It plays an active role in preventing crime and safeguarding national security and stability.However,it should be noted that the implementation of preparatory act itself has certain drawbacks.This kind of legislative technology is an expansion of the power of criminal penalty,which,if not restricted,will not only lead to the abuse of penalty power but also affect national and social stability.This paper is divided into five parts:The first part first clarifies the relationship between preparatory act,criminal preparation and preparatory offender,and then defines the preparatory act and the perpetrating act.It aims to explore the meaning of the criminalization of preparatory act.The second part investigates the legal provisions on the preparation of crimes in the major countries of the foreign civil law system and the Anglo-American legal system,as well as in Hong Kong,Macao and Taiwan regions in China to understand the different legislative methods for criminal preparation in foreign countries,and summarizes the legal provisions in order to compare and draw on the legislation on crime preparation in China.The third part sorts out the current state of legislation on the implementation of preparatory act in China and summarizes its characteristics.This part also summarizes the penalties for preparatory acts at home and abroad.In view of the domestic disputes over the provisions of the penalties for the preparation of the penalties,the author put forwards his point of view,the provisions in Article 22 of Criminal Law of China is not a general punishment for preparatory acts,but a punishment for the preparatory offenders that constitutes discontinuance of crime.The fourth part analyzes the theoretical basis,policy basis and practical necessity of the preparatory acts,aiming to provide sufficient basis for the legitimacy of the preparatory acts.The fifth part puts forward some thoughts on the implementation of preparatory act,including its the role and drawbacks,and proposes restrictions on the implementation of preparatory act.This paper considers that the implementation of preparatory act should follow the modest and restrained principle and the principle of proportionality,also meet certain time-point standards and equivalent standards of legal infringement.And the scope of preparatory act should be limited within the range of national legal benefits and public legal benefits.