Research On "The Scope Of Punishability Of Crime Preparation"

Whether criminal preparation is punishable or not has been a controversial topic in Criminal Law.In order to solve this problem,there are three kinds of punishment patterns in the world: no punishment,universal punishment,no punishment as the principle,but punishment part of serious crime preparation.With the aggravation of social risk and the rapid development of Internet technology,the pattern of criminal behavior appears multiple "variations",such as form,object,result,etc..Therefore,whether to advance the "node" of the legal protection of some charges and whether to punish the crime preparation within a reasonable range is not only a difficult problem to be studied in depth in the theory of criminal law,but also a dilemma to be faced by judicial practice.This article takes the crime preparation has the punishability as the research main vein.First of all,from the concept of criminal preparation,nature,classification and other basic issues analysis,distinguish between the concept of criminal preparation,criminal intent,criminal attempt,so as to clarify the connotation and extension of criminal preparation,to grasp exactly what it means.Secondly,it analyzes the legal provisions and handling ways of criminal preparation in foreign criminal law,compares the different provisions in continental law system and common law system countries,and sums up the experience and enlightenment.Thirdly,it makes a deep analysis on the basis of the theory of the punishability of criminal preparation and the relevant theories of its limitation,it is further proposed that the scope of punishment for reasonably defining criminal preparation should abide by the Nulla Poena Sine Lege,the principle of modesty and restraint in Criminal Law and the criminal policy of timely protection of important legal interests.Finally,based on the existing problems of the Criminal Law of our country,this paper proves that the general punishment of Criminal Law of our country is unreasonable,and then puts forward some reasonable suggestions on the scope of punishment of criminal preparation:The general provisions of the Criminal Law of our country should make it clear that the principle of criminal preparation should not be punished,and some important legal interests should be excepted.In China,we should take the general provisions of Criminal Law as the General Guidance,comprehensively consider the nature of criminal preparation,the degree of danger and the size of the result of harm,and apply it with the specific provisions of the specific provisions of Criminal Law.By constructing such a legal model,the punishment of criminal law should be limited to the following sections: Crimes Against State Security;Crimes Against Public Security;Crimes Against the Socialist Market Order;crimes against the person and Democratic Rights of Citizens;In principle,no punishment shall be meted out for crimes against property or crimes against the order of social management in preparation for crimes in other chapters of the specific provisions of the Criminal Law.It is hoped that the suggestions on the system innovation of the scope of culpability of criminal preparation in this paper will be beneficial to the criminal law theory and judicial practice.