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The Reseach on the Punishment Range of Preparation of Crime

Author: GaoBing
Tutor: RenHaiTao
School: Southwest University of Political Science
Course: Criminal Law
Keywords: crime in preparation punishment range constitute of crime reflection reconstruction
CLC: D924
Type: Master's thesis
Year: 2012
Downloads: 18
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Abstract

Crime preparatory is the act to enter the starting point of the Criminal Code Evaluationvision，Incriminating or not is very important. However, due to various reasons, Our Criminallaw theory attention this concern rarely, discusses this is very sparse. Prepares for a crimeprovisions of the Penal Code is ambiguous, which resulted in not uniform in theunderstanding of the confusion and judicial practice. In view of this, before this article drawon research, trying to clearance preparatory acts crime or not the boundaries, and on this basisreconstruction of the provisions of the Penal Code of China prepares for a crime.The whole paper has about3.1million words total,can be divided four parts as thefollowing:The first part, an overview of the range of punishment of the crime in preparation. Briefintroduction to crime in preparation of related concepts and foreign-related legislation of, andcompare the legislation of the foreign, come to the crime in preparation for the punishment ofan exception, not punishment for the principle of legislative trends.The second part, which restricts the preparatory criminal penalties range of factors. Adhereto a different view of criminal law, criminal law theory, in the preparation of crimepunishment range will naturally come to different conclusions. However, the real decision tothe crime in preparation the Real penalty range or in specific conditions of the criminal policy,regardless of national conditions, random draw to set the crime in preparation of thepunishment range, and will eventually be rejected by the judicial practice.The third part, prepare offenders constitute a crime. Prepares for a crime the subjectiveaspects of the smooth implementation of the deliberate pursuit of the implementation ofbehavior, the objective aspect of the implementation of the behavior of does not have asociety quite shaken people’s trust of law order. Determine whether a preparatory acts shouldbe included in a fine as well as preparation for committing penalties’s wrong, should beinvestigated in three aspects: First, whether the act violated the trust of the legal order of peace and not for the general idea; the whether the conduct that society is quite OK, if youshould exclude; Third, the behavior characterized by intentional why the characterization ofthe what’s wrong intentionally, should serve as a preparatory commit penalties’s wrong.The fourth part, Reflection and Reconstruction of crime in preparation punishment range.Criminal Law of China prepares for a crime rather vague definition, resulting in the practiceof defining people as co-exist with the status of the Legislative virtual home. Reconstructionof Penal Code provisions on prepares for a crime, you should learn from foreign legislativecases, take the total score is a combination of style, preparatory acts to clarify the generalprovisions of implementation and to what extent to be punished, in sub-rule clear what crimeprepares for a crime to be punished.

The Reseach on the Punishment Range of Preparation of Crime

Abstract

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