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.

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.

In theory, there are many viewpoints of concept of institutional crime, and many great differences exist in whether or not show some elements, such as institutional interest, the decision of person in charge, the form of culpability, the scope of actor, the scope of profession, inspection and administration.

In our country, the criminal law has made explicit stipulation to the institutional crime, while Law of Criminal Procedure lacks the corresponding stipulation of legal procedure.

There exists severe defects in the penalty provision of institutional crime in China s criminal law of the lack of justice, operability and unicity of penalty category and disproportionate sternness imposed on the individuals directly liable for the crime.