The Research On Criminal Responsibility Of The Various Principal In The Gathering Crime

The gathering crime, a kind of crime with a unique way of gathering people, causes serious harm to society against the pubic order. Chinese criminal law implements the criminal policy of "combating the minority, striving for educating and reforming the majority",and penalizes the participants diversely in the light of their various subjective viciousness and objective harmfulness.On the one hand,severely punish the chief offenders and the active participants,on the other hand, narrow the scope of attack, to the majority who are coerced or deceived to the gathering crime will be out of the punishment.Drawing on the basis of previous researches, the author have pored over the provisions of the criminal law prior to in the analysis of criminal responsibility of the various principal in the gathering crime, and set standards on the scope of gathering crime, finally proposes the concept of gathering crime. The concept and scope of the gathering crime re-set the standard expands the scope of tradition gathering crime and part of organized group of criminals and transforming crime are incorporated into the gathering crime. Usually the criminal of the gathering crime consists of three or more,but the author concludes that the number of the gathering crime is at least four people exclusive of the situation that gathered up in the crowd are the most important elements of the case, that is, who is also being gathered, the number of crimes is considered three or more. The author analysis the gathering crime in the whole of the criminal system, therefore can grasp the nature of the gathering crime thoroughly and precisely. At the same that the author considers the gathering crime in the whole of crime system setting out the conception of the gathering crime not equal the lower class of the crime but under the separate crime and common crime because of the various specific forms.Regarding what kind of criminal law provisions should be applied,the author believe that criminal law is directly applicable to specific provisions,general provisions of criminal law without invoking the provisions of the common criminal.At the end the author focuses on the gathering of crime committed criminal conversion problem, through the combination of practical and theoretical research approach,a gathering to assault causing serious injury or death, the need to fight acts of gathering behavior and should also have the duality such conclusions.On the subject of the criminal responsibility of the every principal in gathering crime,the author studies and expounds it in the opinion of the penalty principle to gathering criminals and the responsibility of the transforming criminals.Besides the introduction, this paper has there parts:the first part is the overview of gathering crime;the second part is the gathering crime and common crime;the third part is criminal responsibility of the various principal in the gathering crime.The first part:overview of the gathering crime. In this part the author obtain its own perspective through the analysis and of the previous view. The author considers the gathering crime is ruled by the criminal provision,which is organized by the people uncertain and temperate with the behavior of necessary gathering. On that basis,the author set the standard of the scope of the gathering crime and incorporates some organized group of criminals.Include among them:Gather a crowd and commit a crime must have corporal punishment to be allotted explicit stipulation;Gather a crowd and commit a crime must existence having major culprit;Gather a crowd and behavior must be it's necessary criminal act way;Be gathered a crowd and person must be that specially appointed does not compose in reply the crowd who is not protracted nature;Be gathered a crowd and the pair of national security,social order etc.endangering behavior directly put into effect by person has brought about the grave society damage five aspect standard.According to such definition the and standard,that the author thinks that our country corporal punishment divides is that the Communist Party of China has 34 accusation belong to gather a crowd and commit a crime.(According to the criminal provisions under the different ways in law, it classifies the gathering crime.)And, according to corporal punishment,mark of regulation way does not divide five major kinds with the accusation gathering a crowd and commit a crime being carried out:1,accusation middle is clear and definite mention have "gathering a crowd" two characters,gather a crowd and behavior commits a crime as the person formation's gathering a crowd must prepare for important condition commits a crime;2,"does not gather a crowd" in accusation two gathering a crowd being styled, but having the behavior sum major culprit to gather a crowd in concrete charges in an indictment formulation commits a crime;"Do not gather a crowd" in accusation two characters,charges in an indictment the behavior describing middle not also gathering a crowd, but gathering a crowd having organizing behavior in charges in an indictment formulation commits a crime;4,gathers a crowd and behavior is that gathering a crowd composing the selectivity important condition putting the blame on originally's commits a crime;5,gathers a crowd and behavior becomes gathering a crowd and to commit a crime owing the aggravation putting the blame on or inflicting punishment on circumstance's from weight.The second part:gathering crime and common crime.In this part,the author analysis the relationship between the gathering crime and common crime, at the same time analysis the gathering crime in the whole of crime system setting out the conception of the gathering crime not equal the lower class of the crime but under the separate crime and common crime because of the various specific forms.The third part:the responsibility of the various principal in the gathering crime. By grasping the principle of the gathering criminal punishment;properly deal with the criminal application in the situation of both common crime and gathering crime existing. The author states the criminal responsibility of the various main bodies in gathering crime in the aspects of unilateral accomplice, criminal pattern of gathering crime and transforming criminal of gathering crime and simultaneously combining with the concrete measures in the judicial practice. Suggestion that author term of imprisonment suggesting that illegal organization sells blood crime face to face in the article at last has interposed, batch of punishment that the conversion selling blood crime offends interposes illegal organization for all above sets term of imprisonment for 5 years, behavior, is bigger than simple crime of intentional injury society harmfulness because of the crime of intentional injury illegal organization after conversion before self has contained sells blood, change interposition setting term of imprisonment afterwards above 5 years self term of imprisonment interposes up conflict,and very good satisfied energy responsibility for an offence punishment looks at and appraises the call for fitting in with not likely with crime of intentional injury.