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Research on the Penalty Range of Crime Preparation

Author: ZhouHongLing
Tutor: PengFuShun
School: Hunan University
Course: Criminal Law
Keywords: Crime in Preparation morphology Punishment range Legislative model Social harm Restraining Criminal Law
CLC: D924.11
Type: Master's thesis
Year: 2010
Downloads: 54
Quote: 0
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Abstract


Crime in Preparation morphology perpetrator for a crime during the process of preparation activities , due to reasons other than the acts of the will is unable to proceed with the implementation of the act shall cease one intentional crime unfinished form . The preparation for crime the morphological and crime preparatory acts , and prepares for a crime may have their own connotations , can not be confused . Preparatory acts of crime is essentially a kind of harmful behavior in the criminal law sense , the nature of the decision can be fined and its degree of preparation for crime morphology . Prepares for a crime is one of the types of perpetrators of criminal responsibility, the main premise constitute a crime in preparation morphology . The penalties range of preparation for crime morphology is to the preliminary morphology which crimes should be included in the scope of criminal regulation . In the history of criminal law theory , objectivism that preparation for crime the morphology not be fined , subjective belief that all form of preparation for crime should be punished eclecticism insisted crime preliminary morphological principle can be fined , but the stand except for serious crimes ; About Crime in Preparation range of forms of punishment , General Provisions , sub -type and the General and sub ??combine three established mode . In our preparation for crime forms of punishment according to analysis from three perspectives : that philosophy is based on a libertarian theory , the theoretical basis of the modified theory constitutes the crime , the substance is based on the preparatory acts harmful to society . The range of punishment on the morphology of crime in preparation of legislative holders subjective stance , the think all crime preparatory morphology are to be punished ; judicial practice , there is no unified understanding , which is contrary to the spirit of the rule of law and modern criminal . Limit the scope of punishment should be in uphold the preparation for crime morphology can be fined on the basis of strict Perspective premise follow the criminal nature of attributes , and in line with the spirit of the Restraining Criminal Law , Criminal Law function to limit the scope of the punishment of the crime in preparation forms a serious danger to society crime ( national ) security and safety of citizens' lives , while the combined General and sub ??- legislative mode to be established .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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