Discussion on the Legislative Optimization of the Implementation of Preparatory Acts
In recent years,with the rise of risk society theory and the establishment of positive criminal law view,the implementation of preparatory acts has become an important legislative trend of criminal law in various countries.Although China's legislation on the implementation of preparatory acts has a relatively solid theoretical and practical basis,there are still some problems such as the excessive expansion of penalty right,the non-formalization of preparatory acts,and the repetition of general and specific provisions of criminal law,which need to be improved.In order to reasonably limit the scope of legislation for the implementation of preparatory acts and realize the balance between crime prevention and human rights protection,we should carry out the substantive requirements of the principle of legality of crime and punishment and emphasize the appropriateness and definiteness of legislation.To be specific,the requirement of appropriateness is to only implement the preparatory act of creating abstract danger for major legal interests,and to ensure the justice and balance of the setting of statutory penalties for related crimes.The definiteness requires to strengthen the formalization of the constitution of the crime,exclude the provisions of the backstory,adopt the description of the crime in principle,and adjust the provisions on the preparatory crime of the general criminal law to the legislative model with impunity as the principle and punishment as the exception.
implementation of preparatory actsground for justificationthe principle of legalitylegislative optimization
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