Research On The Implementation Of Preparatory Behavior

In accordance with the provisions of Article 22 of the Criminal Law of the People’s Republic of China,criminal preparation refers to the act of committing the crime,preparing the tool and making the conditions,and in essence is the act of facilitating the execution of the crime.The implementation of preparatory action refers to the criminal law will be originally a preparatory nature of the behavior in the sub-separate provisions,so that it has the behavior of the legislative phenomenon.This means that the original preparatory behavior rose to the status of behavior.The text is divided into the following three parts:The first part is an overview of the implementation of preparatory behavior,through the concept of preparatory behavior,preparatory behavior and the implementation of the relationship between the conduct of inquiry,leads to the implementation of the concept of preparatory behavior.From the time axis on the longitudinal combing,feudal criminal law,1979 "Criminal Law",1997 "Criminal Law" are the nature of the crime of the nature of the punishment,indicating that the preparatory behavior has a punctual penalty."Amendments to the criminal law(9)"added to the implementation of terrorist acts and the illegal use of information network crime,increased the crackdown on criminal law,the important legal protection of the pre-protection,reflecting the preparatory behavior of the implementation of new legislation The background of this legislation is that the insecurity caused by the risk society,the theory of criminal law,the dilemma of the existing legislation and the coexistence of existing legislation,and the practical problems caused by the fuzzy standard of judicial discretion.The second part is the type and legitimacy basis of the preparatory behavior.Typed research is an important research method in the field of law.Preparatory crime can be divided into national security,public safety,financial management,tax collection and management,civil rights,public order,national defense interests in the field of reserve crime.Through the analysis of different types of reserve,the legitimacy is based on the theory of increasing risk,the advance protection of major legal interests and the criminal policy of "playing as early as small".The third part is the challenge and response to the implementation of preparatory behavior.The implementation of preparatory behavior in the effective punishment of crime and the protection of human rights at the same time,mainly faced with the following four challenges:First,the early involvement of criminal law to bring the risk of the right to expand the penalty;Second,the special form of crime,that is,whether the crime There are plans to prepare,attempted and suspended such an unfinished form;Third,the number of crimes,that is,the crime of preparation and the imagination of his crime should be how to deal with.The issue of joint crime,that is,whether the crime of abetting Guilty and guilty.In view of the different challenges,the author analyzes and proves in succession,puts forward my own viewpoints.First,the risk of the expansion of the criminal law power brought by the implementation of the preparatory behavior can be effectively restrained by the strict limits of legislation and judicature;Second,the clear application of the standard of reserve crime,constitute the imagination when competing,from a felony to punish;Third,the implementation of preparatory acts with legal protection of the preposition of the particularity,combined with different prepared crimes,of the preliminary,attempted and suspended.After the implementation of the preparatory work,there are preparatory crime in the criminal law with the implementation of behavior,and thus certainly the common criminals to prepare the crime.According to the accomplice,it is certain that there is an abettor and an accomplice.