Research On The Basis And Scope Of The Implementation Of Preparatory Behavior

According to the first paragraph in article 22 of the criminal law,the preparation of a crime refers to the act of preparing tools and making conditions for the purpose of committing a crime.The provisions of this article mean that the preparation of a crime is a kind of act which should be punished by criminal punishment in our country.The implementation of preparatory actions refers to the fact that the legislature fights against risks and strengthens crime prevention.the preparation of some specific acts of prepared crime for the conduct of conduct to be treated,and the specific crimes of crime and the allocation of legal punishment provisions of criminal law Sub-article provisions,through this criminal legislation on the mode of operation of a specific preparatory conduct separate punishment.Legislators through the legislative approach to crime preparatory behavior for the implementation of the act,in fact,aggravated the preparatory behavior penalties,it has aroused controversy scholars,the debate is the most fundamental basis for the implementation of the preparatory act and the scope of issues.This is also the most important issue in the implementation of preparedness.The article attempts to conduct an in-depth and systematic analysis of these two issues and provide a reasonable basis for the implementation of the preparatory actions in our country,and attempts to delineate the scope of implementing the preparatory actions.The full text of about 35000 words,in addition to the introduction and conclusion,the main body is divided into three parts:The first part is an overview,which briefly describes the concepts and distinctions of preparatory behaviors,practice behaviors,and the implementation of preparatory behavior and criminal law pre-positioning in the theory of criminal law in China.Through the interpretation of the connotation of criminal preparation,this paper makes a distinction between the concept of preparatory crime and preparatory crime,and concludes that the criminal law of our country penalizes preparatory behavior is reasonable.On the current academic perspective on the practice and its starting point Analyzes and contrasts,paves the way for the introduction of the concept of preparatory behavior,and then puts forward the concept of preparatory practice,and expounds that it is not the pre-criminal justification.The second part expounds the basis for the implementation of preparatory behavior,which is also one of the key and difficult points of the article.Mainly from two different perspectives of reality and theory expounded the reasonable basis for the implementation of preparatory behavior.From the realistic needs,the existence of dangerous society requires the criminal law to give effective regulation,and the improvement of people's demand for security is the necessary condition for the implementation of preparatory behavior.From a theoretical point of view,the advent of the era of risk-oriented society accelerated the development of preventive criminal law.In order to prevent unknown risks and better safeguard social security,the state is more inclined to adopt preparatory practices to combat terrorist crimes and cybercrime High-risk crime.From the perspective of legal interest,the collective law and interests theory provides a reasonable basis for the preparatory practice,and the state pays attention to the protection of the collective law and interests.It is more direct and effective than the other ways to protect the collective law and interests by adopting the preparatory practice.Some dangerous acts proposed by the American criminal philosopher Joel Feinberg,which may cause serious damage,require the regulation of criminal law and provide a reasonable theoretical basis for the implementation of the preparatory act.The third part defines the scope of the preparatory practice,which is the focus of the article,difficulties and innovations.This part from the point of view should be delineated the scope of the implementation of the preparatory act,put forward the standard of preparatory practice,and then use this standard to measure and comment on the current criminal legislation in our country.First of all,the preparatory practice of the scope of action should be consistent with the principle of restraining the criminal law,the principle of legal protection and the principles of the principle of legality and punishment three principles;Second,the preparatory practice of the actual scope of the specific criteria,including the legal risk of infringement High preparatory behavior can be implemented,the implementation of the preparatory behavior should be characterized by the type and the implementation of preparatory behavior should adhere to the coordination of "crime" and "punishment" this three standards;Finally,according to the criteria proposed in this article selectively The current legislation on the implementation of preparatory acts in the field of public safety,financial management and public order crimes was reviewed.