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Research On The Assembling Crime

Posted on:2010-02-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:D F LiuFull Text:PDF
GTID:1226330332985544Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Assembling crime is a crime type prescribed in Chinese criminal law and some of that are comparatively common in judicial practice. Assembling crime takes that the chief culprit gathers many people, the group put damage behavior into practice as characteristics and has big destructiveness to society. The concrete case sometimes display bigger degree complexity and bigger difficulty of criminal justice treatment.Owing to the deficiency and defect in criminal provisions of assembling crime, together with no systematic criminal theory research fruits in this field (For example, there isn’t a Ph. Degree thesis about assembling crime so far), both of them lead to big different understanding about many problems such as judicial handling standards and results of sentence. Although the judicial authorities of some provinces and cities provide guidance suggestions about assembling crime, it has no way to fundamentally comply with a series of knotty problems because of low authority, poor systematicness and several limitations.This paper makes systematical studies in fundamental problems of assembling crime in domestic science of law circles for the first time and unfolds thorough investigation and discussion to assembling crime combining theory with practice. It puts forward a lot of original theory views which enrich criminal theory treasure-house and provide consulting theoretical foundation to criminal judiciary. The full text include six chapters in addition to exordium about 130,000 characters.The exordium part introduces the characteristics of colony event related to assembling crime and analyses reasons of assembling crime and investigates treatment strategies and principles.The paper points out that assembling crime shows a rising trend recently in our country. The reasons initiating the case are many-sides, presently mainly induced by unfair judicial treatment, environmental pollution accidents, land expropriation short of a full negotiation, house removal compensation deficiency, no way to safeguard rights appeal and tension relationship between police and residents etc. Our country is in the social transformation period. The generation and development of assembling crime is also unable to be separated from the special historical environment of social transformation. The problem that dealing with assembling crime can not be solved radically only through criminal punishment. We must solve the source problem from crime initiation by adopting tactics and taking comprehensive treatments.The first chapter includes four sections. This chapter which shows the basic visage of assembling crime, respectively elaborates the concept, characteristics, classification of assembling crime, the relationship of assembling crime and other criminal categories such as joint crime and reveals both ancient and modern, Chinese and foreign assembling crime.The paper considers that the assembling crime is a crime type as assembling led by chief culprit reguletated by special provisions of criminal law. The absolutely necessary legal characteristics of assembling crime are statutory assembling and essential chief culprit.The assembling crime can be classified as orthodox and unorthodox assembling crime, indispensable joint and dispensable joint assembling crime, independent and together assembling crime according to different aspects. The paper compares the connection and distinguishment between assembling crime and other related criminal category. It also reflectes the characteristic of assembling crime regulated by criminal law and makes the assembling crime range clear.Four sections are saved in the second chapter and the focal points are the objective behavior characteristics of assembling crime. Assembling crime indicates " assembling behavior+direct dangerous behavior" on the objective behavior pattern. The word"assembling" indicates organizing, planning, commanding and gathering a certain or uncertain crowd at the same time and site, getting ready to take the same given dangerous behavior.The characteristics of given endangerous behavior are the statutory in special provisions of criminal law, the specification of behavior subject and the openess of behavior style. The paper points out that the word "assembling" is a part of perpetrating act of assembling crime."Assembling" behavior and direct dangerous behavior constitute multiple acts. The harmful consequences, the causality of assembling crime and other objective factors affecting conviction and sentencing are also been discussed briefly in this part.The third chapter discusses the criminal responsibility of assembling crime offender in four sections. After defining the subject of assembling crime, the paper discusses the relationship between chief culprit and ringleader in joint crime. The paper points out that chief culprit and ringleader are related only in the case of joint assembling crime because there is no inevitable relationship between of them. Besides that, Whether coerced offender, abettor or other participants have criminal responsibility are briefly discussed in this chapter.The fourth chapter including three sections demonstrates the cessation pattern in assembling crime and underlines the commence of perpetrating act. The paper draws the conclusion that the definition of commence should be based on principles of joint crime for the indispensable joint assembling crime and on the theory of indirect-committed crime for the independent or joint assembling crime.The fifth chapter argues the transforming offender in assembling crime in three sections and systematically researches on transforming characteristics in qualification, statutory and inclination to gravement. Meanwhile, it emphasizes several difficult practice problems of transforming offender, such as the accusation determination, offence form, responsibility subject, responsibility undertaken, civil compensation and voluntary surrender.The sixth chapter including three sections probes into legislation defects of assembling crime in Chinese criminal law and raises the original improvement suggestion of assembling crime. For example, stipulating the concept, unifing the behavior pattern, circumscribing subject range, harmonizing statutory sentence of assembling crime etc.
Keywords/Search Tags:assembling crime, basic concept, objective behavior, criminal responsibility, transforming offender, improvement
PDF Full Text Request
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