Legislative Research On The Independent Preparatory Crime

For the criminal preparation,our country's criminal law only set up a rule in the general provisions: preparing the tools and creating the conditions to commit the crime are the preparatory act of the crime.This regulation leads to the possibility that all preparatory form will be punished by criminal law.punishment for all accusations.However,some criminal preparatory acts are illegal in form but lack of substantive illegality,so that they are not worth the use of punishment,and all the preparatory offenders are not punished in judicial practice.That the preparatory act of Which kind of crime needs to be punished,and Whether all preparatory actions of this kind of crime should be punished,need the further stipulations in our criminal law.In 2015,the amendment of the criminal law(nine)are revised.In this amendment,the 120 th clause has been newly established that the preparatory behaviors of terrorist activities are put into the separate provisions as a independent crime,which opens the mode of punishing the preparatory crime with the independent preparatory crime in our criminal law.It will be confronted with many problems,such as the behavior of the independent preparatory crime,the uncompleted forms,the joint crime,the unit crime and so on.but,the research on this topic is not systematic.Therefore,I think it's significant and meaningful to do some systematic research on the crime of independent preparation.