On The Ringleader

The ringleader exists only in China.According to the 97th provisions,the ringleader is the person who organises or schemes or conducts the criminal group or mob crime.The current provisions about the ringleader is not stipulated immediately,but evolutioned in the long time. The most ancient provisions about ringleader is traced to Shangshu-Yinzheng three thousand years ago.Compared with the provisions in the other countries,the similar content is stipulated in some countries’criminal law,such as primary conspirator and the theory about conspiracy in the Japanese criminal law,the backstairs influence and the theory about controlling crime in the German criminal law,the primary crime in the South Korea.As the particular criminal,the ringleader has the characteristic in the objective aspect and subjective aspect.In the objective aspect,the ringleader carrys out the organizational action in the generalized meaning. Specially,the organizational action includes organizing or scheming or conducting the crime.In the subjective aspect,the ringleader wishes or indulges the harmful result in the case of other participants’ behavior leading to the harmful result inevitably or probably under its own organizing or scheming or conducting behavior. Generally,the ringleader should assume the worst serious responsibility,and which basis is the essence of the behavior.Through controlling the stable and strict organization,the ringleader dominates the behavior of member of organization,then administrates the harmful behavior of member of organization.By the same intent,the ringleader of mob crime can dominate the other member’s behavior temporarily and loosely and gatheredly.The theory about ringleader is the traditional Chinese theory,which is different from the some concepts in present theory of criminal law.The chief criminal includes the part of ringleader. Specifically,the ringleader in crime group is belonged to the first kind of chief criminal,and the part of the ringleader in mob crime is belonged to the second kind of chief criminal.The concept of organizational criminal is not stipulated in our country’s criminal law.But the scholars think that this concept is implied in the criminal law.From the perspective of the histroy about organizational criminal and current articals,the organizational criminal exists in the general common crime.The organizational criminal includes the part of the ringleader and the other criminal.The ringleader who participates in the criminal organization and mob crime most deeply is the most dangerous criminal,who is the core of the criminal organization and mob crime and exists only in the criminal organization and mob crime.How to decide who is the ringleader in the criminal organization and mob crime.The first step is to judge the being scope of the ringleader.Then,the second step is to judge the objective and subjective aspect of behavior. Considering the category of the ringleader is beneficial to recognizing the questions about ringleader deeply and systemically.The ringleader can be calssified into different catogary by different criterions.By the ringleader’s being area,the ringleader can be classified into ringleader of criminal group and ringleader of mob crime.By the time that ringleader makes the same intention with the others,the ringleader can be classified into ringleader that conspiring before perpetration and ringleader that conspiring into perpetration.By the criminal bahavior,the ringleader can be classified into genuine ringleader and non-genuine ringleader.By the ringleader committing the crime with the others together,the ringleader can be classified into ringleader belonging to joint crime and ringleader belonging to separate crime.By the site that ringleader appears,the ringleader can be classified into ringleader in the site and ringleader on backstage.When the ringleader belongs to the joint organized crime,who has independent and dependent characteristics.The ringleader is different from the perpetrator essentially,but concurs with the perpetrator occasionally.The concurrence is because of the provisions or because of the fact.The ringleader has the same and different features with the indirect guilt. In the special circumstances,the ringleader can be concurrent with the indirect guilt,but in the special circumstances can not.The ringleader is different from the instigator apparently,but who can concur with the instigator based on the provisions or fact.The ringleader is different from accessory,but who can concur with the accessory based on the fact.The ringleader’s behavior may be stopped by different reasons during the criminal process. The cessation form of the ringleader can be classified into finished form and unfinished form. The crime committed can be classified into different catogary based on the specific provisions or based on the general and specific provisions.The crime in preparation of the ringleader can be classified into the crime preparation based on organizational or instigating behavior and the crime preparation based on perpetration.The crimes ringleader organizing don’t have the form of criminal attempt all.Just the ringleader based on the specific provisons may take place the form of criminal attempt who belongs to the behavioral offense. The different ringleader’s form of criminal suspension has different requirement. The criminal suspension of ringleader based on organizational or instigating behavior depends on its organizational behavior broadly.The criminal suspension of ringleader based on perpetration should depend on the perpetrator’s behavior and its own bebavior.The quality of crime of ringleader is classified into two catogaries.One to judge the quality of crime of ringleader is by its own behavior and the perpetrator’s behavior.The other is by the perpetrator’s behavior.Whichever kind of the ringleader,the core of judging the quality of crime is the quality of common crime between ringleader and the perpetrator.The criminal liability of ringleader is the terminaion of studying on the ringleader.By Chinese criminal law’s provisons,the principle of bearing the criminal liability is different between the ringleader of criminal group and the ringleader of mob crime.The ringleader of criminal group bears the all criminal liability that criminal group commits the crime,but the ringleader of mob crime bears the criminal liability by the specific provisions in criminal law.When mob crime is belonged to the common crime,the ringleader of mob crime bears the criminal liability that he participates in or organizes and conducts the all crimes.The criminal liability of the ringleader is influenced by some factors,such as recongizing mistake,surplus behavior,identity and so on.