Prepare Punishment For Crime Issues Discussed

With regards to the penalty of criminal preparation, the current criminal law of our country sets a generally fixed provision in its general provisions. The provisions reflect the legislative attitude that criminal preparation should be punished in principle, which differs from the foreign countries' attitude that taking punishing criminal preparation as an exceptional principle. There are some defects in the general provisions and the current theories concerning the criminal preparation have not solved the problem successfully. In order to realize the dual function of criminal law that punishing the preparatory crime and protecting the human rights, we must construct the general provisions reasonably. This dissertation researches on the penalty range of criminal preparation and how to punish the preparatory crime. There are totally six parts in this dissertation except the introduction, more than 20,000 words.In the first part, the writer distinguishes the two concepts "criminal preparation" and "preparatory crime" , and considers them as different concepts in that they can not be confused.The second part reviewing the history of punishing the criminal preparation, which contains the origin, punishment justification and penalty principle of criminal preparation in foreign criminal law and the course of criminal preparation' s history in our country.The third part analyzing the defects in the general provisions and the current theories concerning the criminal preparation. The definition of criminal preparation is too brief to violate the principle of clarity, which makes the legislative punishment range too extensive and makes the provisions difficult to put into judicial practice. The current theories concerning the criminal preparation still have...