《刑法》第二十二条对犯罪预备概念的表述既不明确又不完整,模糊了犯罪预备和犯罪预备行为的界限;对犯罪预备刑罚的设置明显缺乏科学性和可行性,导致司法实践无所适从的尴尬。犯罪预备是主观和客观的统一,在进一步明确和完善其主观要素的基础上重新界定犯罪预备的概念;审视总则概括规定单一立法模式之利弊,采用总则概括规定与分则特别规定结合之模式,重新构建犯罪预备刑罚条款,探寻完善犯罪预备立法的合理路径。 The expression of the concept of preparatory crime in Article 22 of the Criminal Law is neither clear nor complete, which obscures the boundary between the preparatory crime and the criminal preparatory act. The establishment of criminal preparatory penalty obviously lacks the scientificity and feasibility and leads to a loss of judicial practice Awkward Criminal preparation is a subjective and objective unification, on the basis of further clarifying and perfecting its subjective elements, redefining the concept of criminal preparation; examining the general rules summarizing the pros and cons of stipulating a single legislative model; adopting the model of combining the general provisions with the sub-rules; Reconstruct the provision of criminal preparatory punishment and explore a reasonable way of perfecting crime preparatory legislation.