A Study On The Criminal Liability Of Preparation For Crime

Preparation for crime is the patterns of uncompleted offences, which the behavior person had been put into the criminal preparation but could not make the performance of offense with his external cause. As a crime, the preparation of crime must bear the criminal liability. There are many levels of basis that make the behavior person bear the criminal liability. Its' philosophy basis is the behavior person at put Preparation for crime into practice has an opposite will for having freedom; Its' quality basis of fact is Preparation for crime has danger to the society seriously; Its' factual legal basis is the penal code that provides rule of Preparation for crime's composition of crime; It's fact basis is the actual behavior that the behavior person had put match up Preparation for crime's composition of crime.Preparation for a crime must bear the penalty punishment because of it's nation and social benefits. Composing seriously of threat. But it doesn't express that all crime's preparing action of crime should be crime, and Preparation for crime also doesn't exist in all crimes. It exists only in commit crime directly and intentionally, and also It's not all to commit crime directly and intentionally exsits Preparation for crime.Preparation for crime should be punished, but how to punish Preparation forcrime, the penal code's provision in-conformity from all over the world. From thethou up now, Preparation for crime's criminal liability make to experiencesubstantially: punishment → regard doing not punish as the principle and regardpunishing as the exceptional variety process. The Chinese and Foreign penal codemake to the punishment principle to Preparation for crime to express on thelawmaking for three kinds of: equal principle, necessary reducing principle, have toreduce principle, Comparatively, necessary reducing principle shows the principle ofthe proportion between crime and punishments of the basic premises of criminal law.As regard to our country's Preparation for crimes in lawmaking, Its' expressionis more roughly: the scope of Preparations for crime in the provision is unclear; theprinciple of reduction does not express Preparation for crime's trait, and violate theprinciple of the proportion between crime and punishments. Certainly, there aremany other deeper reasons to these deficiencies. Owing to this, It is necessity toimprove Preparation for crime's lawmaking: We'd better adopt the generalprovisions combining with the specific provisions, rule the principle between...