Legislative Evaluation On The Crime Of Organizing Minors To Engage In Violating Security Management Activities

In the February 28.2009. The Eleventh National People's Congress Standing Committee of the Seventh Meeting through Amendments 7 to the criminal law of PRC add the crime of organizing minors to engage in violating security management activities. Although the establishment of this crime in punishing and preventing the behavior of organizing minors to engage in violating security management and protecting the legitimate rights of minors for the purpose. But due to in this crime legislation stipulation's insufficiency, resulting in the establishment of this crime against the restraining criminal law idea requirements, resulting in the value goal which this crime pursues is unable to realize, Or even if realize, is more important value will be sacrificed. So, the thorough inquisition about the shortage of this crime legislation and how to perfect is necessary. In this paper, firstly, the author carries on the detailed explanation to legislative background and constitutive elements of the crime of organizing minors to engage in violating security management activities. The author evaluates the lack of legislation with the restraining criminal law for perspective, and then puts forward ideas that can effectively regulate the behaviors of organizing minors to engage in violating security management. Specifically speaking, this article main text altogether divides into the following three parts:Part I:Elaborating the legislative survey of the crime of organizing minors to engage in violating security management activities. In the part of legislation survey, firstly, introducing the legislative background of this crime. Through the legislative background review, we know that the legislative goals which this crime Pursues is protecting the legitimate rights of minors. All these provide value support for analyzing this crime. Then, starting from the law, the author carries on the detailed explanation to constitutive elements of this crime. Through thorough analysis of criminal object, behavior way, behavior content, Raising the question about establishment of this crime reasonable or not, which is as discussed below groundwork.Partâ…¡:Take the restraining criminal law idea as the value basis, evaluating the lack of legislation about the crime of organizing minors to engage in violating security management activities. Respectively take three kind of value pursues which contains by restraining criminal law, namely the reduction of the criminal law, the efficient of the criminal law, the supplement of the criminal law as perspective, analyzing deficiencies of this crime. Firstly, based on a deep understanding of the reduction of the criminal law, take he reduction of the criminal law as perspective, analyzing this crime exists Many insufficiencies,for example, condemned basis is not sufficient, condemned reason is not farfetched, the legislative goal is too one-sided, Condemned threshold too low. Secondly, based on detailed explanation about the meaning, the forming reasons and the realizing ways of the efficient of the criminal law, discussing the establishment of this crime makes the criminal law legislation cost to be exorbitant, the criminal law judicature cost to be too much, the criminal law opportunity cost increase obviously, and make the criminal law resources waste, witch against the realization of the efficient of the criminal law. Finally, based on the premise that fully interpreting the meaning and formation reasons of the supplement of the criminal law, analyzing the crime of organizing minors to engage in violating security management activities violates the criminal law supplemental, its unreasonable place is that bringing slight hazardous behaviors of organizing minors to engage in violating security management, witch can be regulated effectively by the related department law Into the criminal law regulation scope.Part III:Author by a broader field of vision, thoroughly ponders legal ways witch can regulate the behaviors of organizing minors to engage in violating security management effectively. Bringing harm degree different behaviors of organizing minors to engage in violating security management into regulatory scope of different department laws. Firstly, the author suggests that the content of forbidding anyone to implement the behaviors of organizing minors to engage in violating security management must be stipulated in "The law on the protection of minors","Prevents Minor Crime Law", providing the principled instruction for other department laws regulating this behavior. Secondly, Proposing the suggest on perfecting the related contents of "Security Administration Punishment Law", if the plots are slight and the behaviors of organizing minors to engage in violating security management do not constitute crime,this behavior will be regulated by "Security Administration Punishment Law". Finally, discussing the thinking about the serious social harmfulness behavior of organizing minors to engage in violating security management can be regulated by "Criminal law". Proposing the suggest on perfecting the crime of organizing minors to engage in violating security management activities through transforming this crime's legislative pattern by "the behavior commit" into "Circumstance crime".With "serious circumstances" as Plot requirements to judge the behaviors of organizing minors to engage in violating security management violating the administration of crime or not. Through legislative pattern transforming, Making up the lack of legislation and making this crime conform to reduction of the criminal law, the efficient of the criminal law, the supplement of the criminal law, which the restraining criminal law contains.