From the perspective of the composition of a crime, there is a difference between preparation for a

1. Preparation for crime: Article 22, paragraph 1 of the Criminal Law of the People's Republic of China stipulates: "In order to commit a crime, it is a preparation for a crime to prepare tools and create conditions."

China's criminal law scholars believe that this is only a description of the preparatory act for a crime, not a concept of preparatory for a crime. According to this provision and the relevant criminal law theories, the form of preparatory for a crime refers to the form in which the perpetrator begins to create conditions for the commission of the crime, and fails to proceed with the commission of the criminal act due to reasons other than the will of the perpetrator.

2. Attempted crime: refers to a situation in which a crime has already been committed, but the crime has not been succeeded due to reasons other than the will of the criminal.

Characteristics of an attempted crime:

1) The commission of the crime has been initiated, and the criminal act has entered the stage of execution.

2) Failure to commit a crime. It is usually manifested in the absence of a crime, but not all crimes that have occurred are crimes.

3) The failure to commit the crime is due to reasons other than the will of the offender.

Article 23 of China's Criminal Law stipulates that "for attempted offenders, the punishment may be mitigated or commuted by reference to the completed offenders".

III. Suspension of Crimes: Suspension of crimes refers to situations in which a crime is voluntarily abandoned or the outcome of a crime is automatically and effectively prevented from occurring in the course of a crime.

Criminal suspension has four characteristics: the temporality of the suspension, the automaticity of the suspension, the objectivity of the suspension, and the effectiveness of the suspension.

1) the temporality of the suspension; The suspension of the crime must occur "in the course of the crime", i.e., the suspension of the crime can occur either in the preparatory stage of the crime or in the stage of the commission of the crime; The crime has not yet come to an end, and it is neither an attempt nor a completed crime. Where the crime is automatically restored to its original state after it has been completed, the suspension of the crime is not established, and the suspension of the crime cannot occur after the attempt.

2) the automaticity of the suspension; That is, the perpetrator recognizes that it is objectively possible to continue to commit the crime or that it may be completed, but voluntarily renounces the original criminal intent.

3) the objectivity of the suspension;

4) Validity of the suspension. The suspension of the crime must not be the result of the completed crime, otherwise the suspension of the crime is not established.

For a stay of the offence to be established, it is not required that no criminal result has occurred, but that no criminal result has occurred as a sign of completion.

Article 24 of China's Criminal Law stipulates: "Where a suspended offender does not cause damage, he shall be exempted from punishment; where harm is caused, the punishment shall be commuted."

The composition of a crime includes the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.

Preparation for a crime, attempted crime, and suspension of a crime all have the subject of the crime and the object of the crime, but the degree of harm to the object is different. It should be said that the attempt to commit a crime is the most injurious to the object.

In terms of the objective aspect of crime: preparation for crime is an activity that prepares tools and creates conditions for committing crimes. The commission of the crime has not yet been initiated.

An attempt to commit a crime is one in which a crime has been committed, but it has not been succeeded for reasons other than the will of the offender.

Suspension of a crime refers to the voluntary abandonment of a crime during the entire course of the crime (including preparation, execution).

Effectively prevent the occurrence of harmful results.

In the subjective aspect of the crime: the preparation for the crime and the attempt to commit the crime are intentional, with the intention of completing the crime and achieving the completion. Rather, it is due to the guest.

Look at the situation so that the crime can not continue. Suspension of crime is a subjective unwillingness to commit a crime.

Preparation for a crime is to prepare for the commission of the crime, including the purchase of tools for the crime, stepping on the point for the commission of the crime, that is, the preparation before the crime, the attempt to commit the crime should be distinguished from the suspension of the crime, the suspension of the crime is to be able to do but not to do, and to stop this matter ideologically. An attempt to commit a crime is done and cannot be realized later due to external reasons.

The suspension of crime is to be able to do it without doing it, and to stop this thing in my own mind. An attempt to commit a crime is done and cannot be realized later due to external reasons.

The difference between criminal suspension and criminal preparation and criminal preparation is that criminal preparation and criminal attempt are not completed due to reasons other than the criminal's will, while criminal suspension is the criminal's voluntary abandonment or effective prevention of the criminal result. For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those who have already convicted; For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offense; Where the suspension has not caused harm, punishment shall be waived.

[Legal basis].

Article 22 of the Criminal Law of the People's Republic of China: Preparing tools or creating conditions for the purpose of committing a crime is preparation for a crime. For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed. Article 23: An attempt to commit a crime is an attempt to commit a crime if it has already begun to commit a crime, but it has not succeeded due to reasons other than the will of the criminal.

For those who have not completed the stool, the punishment may be mitigated or commuted by comparison with the completed offense.

Legal Analysis: An attempt to commit a crime is one in which a crime has been committed and has not been succeeded for reasons other than the will of the offender.

Suspension of a crime refers to the voluntary abandonment of a crime or the automatic and effective prevention of the outcome of a crime in the course of committing a crime.

The difference between the two is whether it is active or passive.

Preparation for the commission of a crime1 The perpetrator has committed a preparatory act for the commission of a crime. That is, it is necessary to carry out the act of preparing tools and creating conditions for the purpose of committing a crime as stipulated in the Criminal Law of our country. This includes preparing tools for crime, investigating the crime site and the victim's whereabouts, setting off to the crime scene or luring the victim to rush to the crime scene, tracking the victim or waiting for the victim to arrive, removing obstacles to the commission of the crime, formulating a plan for committing the crime, and other preparatory acts for the crime.

2 Preparation for the commission of a crime must be paused before the commission of the offence can be committed. The so-called initiation of the commission of a crime refers to the commencement of an act that objectively constituent elements of a specific crime. An attempt to commit a crime is established if it has already entered the stage of initiating the commission of the crime and has stopped for reasons other than the will of the perpetrator.

3 The pause in the preparatory act must be due to reasons other than the will of the perpetrator during the preparatory phase of the crime. The so-called reasons other than the will of the perpetrator refer to various subjective and objective factors that are not controlled by the will of the perpetrator that are sufficient to stop the perpetrator's criminal intent, force him to stop the preparatory act for the crime, and not continue to commit the crime. The fact that the preparatory act is forced to stop due to reasons other than the will of the perpetrator is the basic feature of the preparatory form of crime, which distinguishes it from the suspension of the crime in the preparatory stage of the crime.

Legal basis: Criminal Law of the People's Republic of China

Article 22: Where tools or conditions are prepared for the purpose of committing a crime, it is preparation for a crime.

For preparatory offenders, the punishment may be mitigated or commuted by comparison with the completed offense, or the punishment may be waived from the collision situation.

Article 23: An attempt to commit a crime is an attempt to commit a crime if it has already begun to commit a crime, but it has not succeeded due to reasons other than the will of the criminal.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offense;

Article 24: In the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented.

Where the suspension has not caused harm, punishment shall be waived. where harm is caused, the punishment shall be commuted."