Rethinking On And Reframing Of Crime In Preparation

Preparation for a crime is an unfinished crime with the forced termination before starting. In China, the general provisions in the Penal Code ordain the crime should be punished. However, the relevant in-depth theoretical study has yet not started and specialized research articles and writings deal with only a small amount. And the systematic study of preparation for a crime is good for criminal theory , criminal legislation and criminal justice. As society advances and the grand goal of building the rule of law established, our criminal legislation which punishes the preparation for a crime without division has become obsolete, and breach the principle of the supremacy of law, protection of human rights and justice principles. That the act is convicted or not, is not just system designing but the understanding of legal value. The re-build of our legislation in order to make it in line with our objective of building the rule of law, has become imperative. Therefore, this paper attempts to anaylse the rationality of the legislation of preparation for a crime, on the basis of recent research results, using historical analysis, comparative analysis and critical research methods, and its re-build, with the aim of benefiting the theory and practice.This paper is divided to four parts, amounting 52,000 words, which contains footnote of 4,000 words. Part one is about the history and comparely analysis of the legislation on preparation for a crime. This chapter values the punishment on preparation for a crime and its characteristic and impact, through reviewing and analyzing the legislation on preparation for a crime. It is good to properly value the preparation for a crime in our criminal law.Part two is about the fundamental of our legislation on preparation for a crime. This chapter locates the preparation for a crime in the criminal theory, on the basis of defining it, analyzing its characteristics and carving up its class, in order to make it different from crime phase, form of intent crime and other relevant concept.Part three points out the theorical deficiency and its bad infection to justice, on the basis of analyzing the present legislation, in order to offset the deficiency of criminal justice and gain good effect/.Part four self-questions our present legislation on preparation for a crime in order to expose the sticking point and improve the relevant legislation, using the foreign legislation for reference, to meet the tide of lighter penalty.