The trend of treating preparatory actions as perpetration has become significant in the revi-sion of Chinese criminal law,calling for the development of systematic risk assessment rules.The theo-retical basis for treating preparatory actions as perpetration is the presumption of illegality due to their substantial danger,dynamically constituted by their potential harm and the likelihood of that harm.The trend in Chinese criminal law practice and the evolution of cyber-crimes indicate that the element of po-tential harm should encompass three scenarios:the threatened legal interest is significant,the number of legal interests is numerous,and the types of legal interests are diverse.The standard for unacceptable harm should shift from the formal statutory penalty range to the substantive degree of threat to quality of life.For the element of potentiality,it should be assessed based on the chain structure of preparatory ac-tions,requiring that these actions significantly increase the likelihood of harm,potentially equivalent to the harm of the completed act.After assessing the danger of preparatory actions,a tiered rule system for treating preparatory actions as perpetration should be explored,addressing the illegality,culpability,and regulatory technicalities of preparatory actions.
NETL
NSTL
万方数据
