犯罪预备可罚性范围研究刑事诉讼法专业论文.docxVIP

Abstract Criminal preparation are behaviors that to create favorable conditions for the crime which is to be embarked on. The penalty scope of criminal preparation has been controversial in theory and practice since a long time. Almost all the countries in the world will be able to limit them in serious crimes whether in practice or legislative, but China has punished all the preparatory acts which is because Chinas long-term study of crime preparation is not deep enough, which leads to the concept and nature of crime preparation are confused with the related concept in theory . In this paper, it concludes that all the preparatory acts should be limited in the serious crimes in the basis of the right defining of the concept and nature of crime preparation. And through analyzing the legislations of foreign and drawing on the scope of the serious crimes, it determines the penalty scope of criminal preparation and perfect our legislation. The text is divided into five parts: The first section is summery. This section is mainly to correctly define the concept of criminal preparation in theory. The paper is to distinguish and analyze the concept of criminal preparation, criminal procedure, criminal stage and criminal preparation morphology in the basis of the Philosophical views that the fact and the value are different ,and conclude that the criminal preparation is a face concept ,and it is a kind of behaviors that to create favorable conditions for the crime which is to be embarked on which is not valued by law and is different from the concept of criminal procedure, criminal stage and criminal preparation morphology. This is the precondition to analyze the other problems The second section is the basis to punish preparatory crime. This part firstly analyzes the old theory of the start of the behavior called commence theory and then concludes that it has unsolved contradictions. Then it proposes the new theory of the start of the behavior to be punished that the behavi