The Defects And Perfection Of Crime Preparatory Legislation In China

Crime preparation is an indispensable part of the unfinished form of crime.Existing theoretical research is not in-depth,there are few professional works,and preparation of criminals in judicial practice is rare.It can be seen that whether in theory or in practice,its The degree of attention is much lower than other forms of crime.With the requirements of the construction of a socialist country ruled by law,we should pay attention to the problems in the crime preparation legislation.At present,China's current indiscriminate legislation on universal punishment of crime preparations has become more prominent.The pursuit of increasingly refined is no longer appropriate today.Through comparative analysis and empirical research,it reveals the legislative problems of crime preparation,draws on the experience of foreign legislation,improves the legislation of crime preparation,realizes more scientific legislation,and contributes to the construction of socialist rule of law.Criminal preparations are not defined in accordance with the provisions of my country's criminal law.Article 22,paragraph 1,of the Criminal Law is a definition of preparations,but academics generally confuse the two.Crime preparation should be defined in this way: "criminal preparation refers to the intentional crime cessation form where the perpetrator has begun to carry out preparatory actions,but due to factors other than his will".There are differences between the preparation of intent and conspiracy,and the expression of intent.In addition to the form of preparatory crimes stipulated in the general rules,substantive preparatory crimes also exist in the sub-rules.my country's legislation on crime preparation follows the 1979 Criminal Law,and the law cannot be changed over time.Considering the stability of crime preparation legislation and the need to fight crime,the 1997 Criminal Law has not been changed.In judicial practice,there are very few cases convicted by criminal preparation,which is inconsistent with legislative provisions.This contradiction leads to the waste of legislative resources,and also makes judicial staff violate the legislation when seeking practical reason.There are three main problems in the current criminal law: First,the universal punishment principle makes its punishment range too large,which is not in line with China's current human rights protection value orientation;Second,it does not conform to the basic principles of criminal law,including the principle of statutory punishment for crimes,and adaptation The principles and penalties are modest.Thethird is that it is inconsistent with the judicial attitude in practice.After analyzing the data of criminal preparatory cases,it is found that the concentration of convictions for convicting preparatory cases contradicts the general provisions of the legislation.The reasons behind these problems can be summarized into two points: first,the legislative provisions for criminal preparations clearly stand on the standpoint of partialism,and second,the excessive emphasis on the "strict" aspect of criminal policy.In order to enhance the scientific nature of legislation and make it compatible with judicial practice,the author believes that the legislative model for crime preparation should draw on the advanced foreign legislative model,and the principle of universal punishment should be changed to the principle of individual punishment.In the sub-rule,it is clear which preparatory offenses need to be punished,and the punishment principle is changed from the original deduction principle to the mandatory reduction principle.