A Doctrinal Study On The Crime Of Organizing And Utilizing Cult Organizations To Destroy Law Enforcement

The crime situation of organizing and utilizing heretical organizations to destroy the implementation of law is still grim.However,at present,in our country,whether in practice or in theory,the traditional position of criminal law annotation is mainly studied,and systematic dogmatic research is still in the blank.In view of this,this paper intends to study it from the perspective of doctrine,in order to deepen the theoretical study of this crime while expecting to be helpful to judicial practice.The first chapter mainly studies the definition,legislative reasons and dogmatic dilemma of the crime of organizing and using heretical organizations to destroy the implementation of law.This crime originates from the first paragraph of Article 300 of the Criminal Law and is an independent crime.This crime is an illegal and responsible act which conforms to the relevant constituent elements of Article 300,paragraph 1,of the Criminal Law,and belongs to the crime of cult organization.This crime belongs to consequential offence,Administrative Offence(statutory offence),and it is neither a purposeful offence nor a duplicate offence.Our criminal legislators formulate this crirne on the basis of the principle of protecting legal interests and the purpose of penalty regulation.However,there are some deviations injudicial practice.This is mainly due to the unconscious use of typological thinking in doctrine in judicial practice,ignoring the guiding significance of theoretical models.As far as the construction of the theoretical model of the doctrine of this crime itself is concerned,it does not depend on the corresponding value.The second chapter focuses on the elements of this crime.From the factual level,cult organizations are illegitimate and unjust religions established according to certain purposes and systems;from the normative level,cult organizations are illegal religions that infringe legal interests with persistence,institutionalization,and rational internal norms.Cult organizations are not the same as cults.The act of carrying out this crime is only the act of organizing and utilizing,and "undermining the implementation of law" is the result of the constitutive elements of this crime.The normative meaning of organizational behavior is to establish a cult organization or maintain its survival state.The normative meaning of this crime is to use various means such as deception to make the cult organization used by the perpetrator."Disruption of law enforcement" is a non-material result.There are two kinds of"law" in this crime,namely "law" in the accusation and "law" in the accusation.The "law" in the accusation refers to the narrow sense of law while the "law" in the accusation refers to the narrow sense of law+administrative regulations.The normative meaning of"implementation" of this crime refers to the sum of all kinds of subjects in society(including government organs)using and acting in accordance with the legal norms,and the resulting state of enjoyment of rights,fulfillment of obligations and observance of prohibitions.The normative meaning of "destruction" refers to obstruction or infringement.The subjective fault of this crime can only be intentional.The perpetrator should be aware of the result of the evil cult organization and the destruction of law enforcement,and have the intention of realizing the facts of this crime.In addition,the crime also has the occasion of errors in legal facts and elements of norms.Chapter three focuses on the research of the reasons for the prohibition of the illegality of this crime.The essence of illegality is that unlawfulness occurs only when the behavior causes the infringement of legal interests and does not have social equivalence.The judgment of illegality should adopt objective criteria,and the relativity of illegality should be taken as its criterion.The main reasons for the crime's illegal obstruction are as follows:firstly,the undercover investigation as a duty behavior can be divided into the undercover investigation behavior under the control of the public security organs only to the attempted situation and the undercover investigation behavior to the accomplished situation.For the first case,considering the infringement of its legal interests and considering that the act is carried out for the purpose of investigation,the means are also based on the purpose,and the means have social equivalence,it should be considered that it does not have a punishable illegality,although the act should be a constituent element of the crime,but in the judgment stage of illegality.For the second case,although the act is infringement of legal interests,it can be considered that the act is a social equivalent act to execute the investigation order,which prevents the illegality.Second,the act of exercising constitutional rights belongs to the cause of illegal obstruction.The perpetrator who exercises constitutional rights has destroyed the consequences of the implementation of the law and obstructed the violation of the law.Thirdly,to perform the preacher's duty in a cult organization is not the cause of illegal obstruction of this crime.Chapter IV is the study of the reasons for the obstruction of liability for the crime of organizing and utilizing cult organizations to destroy the implementation of law.Our country's capacity of responsibility is not only the ability of crime,but also the ability of penalty adaptation.The judgement of the offender's ability to be responsible for mental illness should be based on the mixed method.Judges should judge that the offender's ability to participate in cult organizations reduces or loses his ability to be responsible for criminal offences.In addition,the low IQ or educational level of the actor does not affect the responsibility ability of the actor.There are legal and legal basis for the application of the anticipated possibility of this crime.The judgment of the anticipated possibility of this crime should adhere to the criterion of the perpetrator.The perpetrator participates in the cult organization and engages in the crime because of poverty or special personal reasons,the crime because of coercion,and the crime because he grew up in the family of the cult organization.The circumstances of this crime belong to the situation that the expectation of the actor decreases or lacks.In addition,in the case of convicted offender,the perpetrator still has the possibility of expectation.The object of the awareness of illegality in this crime should be the understanding of the prohibition norm or the evaluation of the violation of the norm in the first paragraph of Article 300 of the Criminal Law,but it does not include the understanding of the punishability of the criminal law and the legal penalty.When the perpetrator has no possibility of illegality because of his low educational level,low IQ and life experience,he should be reasonably identified.In the case of conviction of the offender,it should not be recognized that there is no possibility of illegality consciousness,that there is no possibility of illegality consciousness after joining the cult,and that there is no possibility of illegality consciousness on the basis of this.The fifth chapter focuses on the study of the criminal forms of organizing and utilizing cult organizations to undermine the implementation of law.This article insists on the participation system of the second-class crime,and holds that this crime is not a group joint crime.The possibility of indirect principal offender exists when the actor compels the third party to engage in the crime.There is no one-sided joint principal offender in this crime,but it should be admitted that the joint principal offender of conspiracy and the successive joint principal offender.In the case of instigator of this crime,the object of instigation should be a specific individual,not all members of cult organizations who accept heresy.Help is different from abetment.Help is the act of giving support to people who have strong criminal intentions.Generally speaking,the help can only make the perpetrator's conduct easy to implement.There is one-sided assistant in this crime.The criteria for determining the principal and accessory offenders in this crime should be determined according to their roles in joint crime,and the role of the perpetrator in joint crime should be judged according to the two factors of illegality and responsibility.The obstacle attempt of this crime should be based on the substantive objective theory,and be defined according to the different characteristics of"organizational" behavior and "utilizing" behavior.The attempted suspension of this crime should be judged by concretizing the abstract result of this crime.When the perpetrator stops the execution of this crime by omission,it can be considered that it is based on his own intention to prevent the result of undermining the implementation of the law.In terms of the number of crimes,the situation which is regarded as an act in law and treated as a crime is mainly a continuous crime in this crime.When this crime and the crime of gathering people to attack the state organs produce the problem of the number of crimes,it should be dealt with according to the imaginary joint offence.When this crime and the crime of inciting the splitting of the country and inciting subversion of the state regime produce the problem of the number of crimes,it should be punished according to the situation or choose a felony according to the imagination joint offence.When the crime and the crime of illegal assembly,procession and demonstration produce the problem of the number of crimes,it should be recognized as imaginary coincidence.This crime and organization,the use of cult organizations to cause death of the crime number of the situation,should be identified as the organization,use of cult organizations to cause death of the crime.If this crime and the crime of destroying radio and television facilities produce the problem of the number of crimes,it should be dealt with according to the imaginary joint offence if it is an act.When this crime and illegal business crime produce the number of crimes,it should be judged according to the number of acts whether they are punished according to imaginative concurrence or combined punishment of several crimes.