Research On The Implementation Of Preparatory Behavior

In a risk society,non-traditional security issues such as terrorist crimes and Internet crimes are a serious threat to national security and social order.In order to deal with the potential risks and achieve legal protection,the criminal law intervene in advance to require the punishment of preparatory behavior of some serious crimes and defined as an independent crime,that is,the implementation of preparatory behavior.The legislative phenomenon of the implementation of the preparatory behavior in our criminal law has long existed,and the addition of NO.2 of Article 120 and NO.1 of Article 287 of the Criminal Law Amendment(9)has become a new manifestation of the legislation of the preparatory act.As a product of risk society,the implementation of preparatory behavior has its deep theoretical basis and urgent practical needs,but the regulation of the preparatory behavior that has not been evaluated by specific provisions of criminal law reflects the expansion of the penalty,leading to the query of the reasonableness of the preparatory behavior.So far,many experts and scholars at home and abroad have carried out a lot of research on the confirmation of preparatory behavior in criminal law.Based on the relevant legislation of each country,this paper analyzes the theoretical and realistic basis of the implementation of preparatory behavior,and thinks that the existence of preparatory behavior is reasonable and justified,but the establishment should be strictly limited.This paper is divided into the following four parts:The first part is an overview of the implementation of preparatory behavior.Based on the legislative investigation of the implementation of Chinese and foreign preparatory behavior,this part further clarifies the connotation and extension of the implementation of preparatory behavior on the basis of sorting out the preparatory behavior,carrying out the behavior and related concepts,and thinks that the implementation of preparatory behavior is the legislative phenomenon of setting a specific preparatory behavior as an independent crime.The second part is the theoretical basis for the implementation of preparatory behavior.This part analyzes the connotation of the relevant theory and its implementation of the preparatory behavior from the theory of risk society theory,conduct without value and abstract potential damage offence,proves the rationality of the implementation of preparatory behavior,meanwhile,it embodies the prevention function of the criminal law,more in line with the theory of conduct without value,also a reflection of the legislation of the abstract potential damage offence.The third part is the legitimacy analysis of the preparatory behavior.This part proves the legitimacy of the existence of preparatory behavior from the angle of criminal policy and social reality.On the one hand,the implementation of preparatory behavior meets the requirements of criminal policy;on the other hand,the implementation of preparatory behavior is a response measure of non-traditional security issues and social uneasinessThe fourth part is the prospect of the implementation of the preparatory behavior.This part puts forward the position of controlling the implementation of the preparatory behavior through the analysis of the function and the insufficiency of the preparatory behavior.Specifically,the necessary restriction should be taken from the point of view of legislation and explanation.