Using lawmaking experience in preparation for a crime at home and abroad, the paper analyzes the abuses of preparation for a crime stipulated in Criminal Law of China, and then recommend the modification suggestions on existing stipulations of preparation for a crime.

However, in theory there are still various views on the difference between preparation for a crime and expression of criminal intent and offense of conspiracy.

Preparation for a crime is an unfinished crime with the forced termination before starting.

Compared the foundation and concept of criminal preparation nowadays with that of ancient time, We found we can realize it more reasonably.

The form of discontinued crime is most often independent, but under some circumstances it may coexist with other forms of crime such as accomplished crime, attempted crime and crime preparation.

With the social progress and the building of our country s great plan for strengthening the law, the criminal probationary legislation with indistinguishable and principle-orientated nature seems obsolescent, and obviously contradictory with legally idealistic principles of supremacy of law, guarantee of human rights and just judicature.