On The Implementation Of Preparatory Behavior

The purpose of this thesis was to investigate the legislative guide and status quo as well as policy orientation of the preparation perpetration in the criminal law,whose reasonable construction was also raised.The literature analysis,comparative analysis,and equal consideration to theory with practice were adopted.Against the backdrop of this era and using a raft of digital libraries and literature,the author rationally dissected the status quo and legitimacy of,raised legislative reference and academic theory about,and presented reasonable construction for perpetrating the preparation in alignment with China's historical development.This thesis is structured in four parts.Chapter one is introduction.The author explored the criminal policy and legislative guide contained in the Amendment(IX)to the Criminal Law of the People's Republic of China,analyzed the concept of perpetrating the preparation.The preparation for a crime,independent crime of preparation,and crime stage,attempt and discontinuation of preparation were also comparatively studied.Chapter two discusses the prevailing independent crime of preparation in China from the historical evolution and status quo of preparation perpetration,especially the stage and form when perpetrating the independent crime of preparation.Chapter three briefs on legitimacy foundation.The author interpreted the necessity of classifying independent preparation as a crime from its theoretical basis and foreign legislative reference to find theoretical support.Legislative observation and thinking of classifying independent preparation as a crime was also done as guided by the on-going crime crackdown pursuant to the criminal policy.Chapter four is reasonable construction.The possible problems in perpetrating the preparation in China were analyzed theoretically as per the principle of compress and modesty and protection of major legal interests,with reasonable construction raised.