Abstract

The report of the 19th CPC National Congress pointed out that“the world is in a period of great development，transformation and adjustment… Non-traditional security threats such as terrorism，cyber security，major infectious diseases and climate change continue to spread，and mankind faces many common challenges”. It is against this background that a prevention-oriented concept of risk governance has been accepted by the government and the public，and gradually penetrated into public decision-making and legislative practice. The criminal law which as an important means to deal with non-traditional security threats began to implement the expansionary criminalization principle of“risk-penalty”. As a result，the node of criminal law intervening in social life is greatly advanced，and the phenomenon of pre-punishment of criminal law appears. In recent years，the trend of criminal legislation in China and other major countries in the world shows that the preposing of criminal law characterized by the preposing of legal interest protection and the early transformation of criminal punishment has become an irresistible and reversible common trend.

However，thepreposing of criminal law is a double-edged sword. On the one hand，there is no doubt that the preposing of criminal law is conducive to giving full play to the legal interests protection and social defense function of criminal law. However，on the other hand the preventive trend of the criminal law system inevitably implies a major threat to the liberalism of traditional criminal law and the formal rule of law. Therefore，how to develop an effective restriction framework from the existing constitutional legal system，and make the modern criminal law maintain a balance between the protection of rights and legal interests，has become an important and lasting topic.

As a whole，this book follows the research approach of“phenomena-problem- solution"，focusing on two main lines（the basic connotation and types of legislation of criminal law preposing），respectively，from two dogmatic levels（basic theory and middle theory of criminal law dogmatics）. The main contents and points are as follows：

Chapter 1：the basic theory of the preposing of criminal law. In theory，the basic connotation of the preposing of criminal law includes the preposing of legal interest protection and the preposing of criminal punishment. The relationship between the two is the purpose and means，content and form. Legislatively，the preposing of criminal law is mainly manifested in abstract dangerous crime，substantive preparatory crime and the criminalization of helping behavior. The preposing of criminal law has a solid social foundation and a certain theory support. Its external driving factors lie in the increasing security and control needs of modern society，while the internal driving factors lie in the preventive orientation and function of the criminal law system itself.

Chapter 2：the legal doctrine review of the preposing of criminal law. This chapter first makes a critical analysis of the two basic connotations of the preposing of criminal law from the basic theoretical level of criminal doctrine. Then it makes a typically critical analysis of the three types legislation of the preposing of criminal law from the middle theoretical level of the criminal doctrine. It is pointed out that the preposing of criminal law tends to deviate from the basic principles of traditional doctrine of criminal law in theory，and there are doubts about improper punishment in legislation.

Chapter 3：the restrictive framework of the preposing of criminal law. The construction of the restriction framework of the preposing of criminal law should be carried out from two dimensions：first，from the perspective of the formulation and application of the preventive criminal law，the restriction framework of the should include the restriction at the legislative level and the restriction at the judicial level；second，from the dimension of the legal rank of the restriction mechanism，the restriction framework should include the restriction within the criminal law system and the restriction at the constitutional level. Only on the basis of the whole constitutional legal system and from the legislative and judicial levels to construct the restrictive framework，can we truly limit the punishment scope of preventive criminal law norms to the legitimate limits in an all-round way.

Chapter 4：Legislative Constraints on the Preposing of Criminal Law. At the legislative level，the restrictive framework of the preposing of criminal law includes two major aspects：one is the constitutional restriction of the combination of criminal law and constitution，which includes the constitutional review of the protection of legal interests and the review of the principle of proportionality of criminal punishment. The second is the doctrinal restriction within the criminal law system，which includes the leading of legislative idea from the basic theory of criminal law doctrine，and the guidance of legislative technology from the specific principles of criminal law doctrine.

Chapter 5：Judicial restrictions on the preposing of criminal law. At the judicial level，for different types of preposed legislation in our criminal law，we should use the specific doctrinal principles behind them to limit the scope of punishment. As for the legislation of abstract dangerous crime，we need to further distinguish the real abstract dangerous crime from the quasi-abstract dangerous crime（eligible crime），and adopt the judicial application logic of“case identification，substantive judgment，permissible counterevidence”for the latter. As for the legislation of substantive preparatory offence，according to the doctrine of preparatory act，it is necessary to establish such restrictive applicable rules as its preparatory act is not punishable in principle，the similar explanation should be given to the miscellaneous provisions，and limited to the protection of major legal interests. As for the legislation of the criminalization of the neutral helping act，the punishment scope should be limited based on the theory of the punishability of the neutral helping act，while for the legislation of the other relative criminalization of assisting offenders，the following applicable rules should be followed：“the principle is to punish the help of perpetrating act and the exception is to punish the help of the preparatory act”.

Key words： The preposing of legal interest protection；The preposing of criminal punishment；Abstract dangerous offense；Substantive preparatory offense；Criminalization of helping behavior.