Research On The Implementation Of Preparatory Behavior And Its Limit Control

The implementation of preparatory behaviors,refers to the preparatory behaviors of some major crimes,after being fictionalized by law,to obtain the equivalent status of the performing behaviors,and are listed in the Criminal Law Having an independent crime and the constitutional elements of the crime,and finally becoming independent in the end,in essence,it is actually a kind of abstract dangerous crime.The general provisions of my country’s Criminal Law clearly stipulate that preparatory acts should be punished,and some preparatory acts are also separately criminalized in the sub-rules.However,in the Civil Law System and Common Law System countries,it is the principle not to punish the preparatory behavior.Although in some cases,the preparatory behavior is punished exceptionally,but it is only separately stipulated in the criminal law,or included in the attempted crime.Although there are differences in the legislative model of preparatory acts in the criminal law of our country and foreign countries,the legislative intent behind it coincides.The implementation of preparatory acts has gradually become an indispensable legislative model in the criminal law of my country and even foreign countries.The existence of the implementation of preparatory behavior has a legitimate basis.Its legislative intent is to realize the early protection of major legal benefits through the early intervention of the right of punishment.It is also an important manifestation of the gradual transformation of our country’s legislative model from ex post punishment to prevention.By advancing the penalty,it can effectively block the advancement of the criminal process,and also play a very powerful role in preventing the occurrence of serious crimes.It also strengthens my country’s criminal law network and strengthens the criminal law to regulate and regulate citizens’ behavior.Although this legislative model has rationality and legitimacy,the unlimited expansion of the scope of preparatory behaviors will inevitably bring risks.The advancement of the right of punishment makes the transition of the criminal punishment node to the preparatory stage,which further expands the scope of the right of punishment,which causes the criminal law to be too strict and may also lead to the excessive expansion of the right of punishment.In addition,the continuous addition of preparatory acts to implement criminalization charges may also affect the overall sanction effectiveness of illegal crimes,resulting in a waste of judicial resources.Due to the characteristics of the preparatory behavior itself,the implementation of the preparatory behavior may be ambiguous in the determination of the crime.In order to avoid the risks brought by the implementation of preparatory behaviors,it is necessary to control its limits.First of all,the principle of proportionality in criminal legislation should be adhered to in the legislative limit of the implementation of preparatory acts,the legal benefits should be measured under the premise of ensuring that the implementation of preparatory acts can achieve the purpose of legal benefits,and the criminal law should be used as a last resort.At the same time,the scope of criminal penalties should be restricted.Penalties should not be pre-empted to the stage of committing intent and the preparation of independent preparatory crimes,and preparatory behaviors should also be classified.Secondly,there should be corresponding restrictions on the incriminating standards after the preparatory behavior is implemented.The actual sanction level must strictly grasp the incriminating standards based on the principle of infringement of legal interests and the incriminating standards based on the provisions of Article 13 of the Criminal Law,and reduce the implementation of preparatory behaviors.Finally,the application of non-prosecution after the implementation of preparatory acts should be relaxed accordingly.In addition to the rational use of the discretionary non-prosecution system,the conditional non-prosecution system in cases of preparatory acts should also be constructed accordingly,the corresponding prosecution system can be applied to certain independent preparatory crimes that meet specific conditions,so that the limits of preparatory behavior can be controlled from the two levels of the legislative limit for the implementation of preparatory behavior and the scope of sanctions after the implementation of preparatory behavior.