The Sin About The Organizational Behaviors Of Minors To Violating Security Management Activities

"Criminal Law Amendment(â…¦)"added a rule after NO.262 fo the"Criminal Law"which determined the organization of the minor offense in violation of the law and the order management activities in crim. Department of the Ministry of Public Security for the offense to maintain social stability and order,made the fight against crime at the same time,both make up for the gaps in our legislation with similar laws, but also with the United Nations"Convention on Protection of Child Rights"to maintain consiitency.The amendments to the criminal law of the People's Republic of China (seven) "add organization minors to sin, ACTS violating the administration of this crime activities for maintaining social stability ministry put forward in order to fight crime, at the same time, both effective offset in similar legislation blank, and implement the international convention on the rights of children" principles "protecting the inevitable requirement. Based on the theory of crime constitution four elements from crime cuts and object, the actus reus and subject in-depth analysis, subjective aspect. The author first clear what the object is infringing crime, and points out the complex object in this crime social management order as main object, the lawful rights and interests of the minors for secondary object, the current criminal law on crime, criminal law to fourth chapter "harm citizens sections personal rights, democratic rights" senseway misgivings. The objective aspects in the constitutions, as criminal object is minor, thus theory dispute quite a lot. From the meaning of organization behavior, organizational behavior ACTS violating the administration of the object, the nature of violating the administration three aspects of in-depth research. This paper argues that, since the criminal law article is not about "organization" conduct limit, as long as the actor have both "actual control was organizers" and "be controller which is child" the two features, belong to its "organization" behavior. About its criminal object, the author thinks that shall include all persons under the age of 18. But in the number of organizing objects in educational circles and judicial practice, are not reach a consensus. The author will from "organization" on the basic semantic, and reference "about carrying out < the standing committee of the National People's Congress prohibited the decision about prostitution or whoring > of several solutions to her problems", will eventually its criminal object within 3 people above the number (contain this figure). Through the "etc." word meaning and "ACTS violating the administration of public security management analysis of the characteristics of", the author thinks that organization contents should include the public security administration punishment law as listed in four kinds of 238 kind of behavior, not just the items of the heave four behavior. This crime crime subject is the general subject, and through the analysis ruled out the possibility of crime unit become main body. This crime actor and academic circles is intentionally subjective have reached an agreement, but the author thinks should with actor by organization object is discontent that reached the age of 18 minor is the prerequisite.Through the above argument for this crime, formed a basic understanding. From an analysis of the crime elements, we have a basic understanding in violation of organizational governance and management activities. On this basis ,to further explore the issue of justice in the application, firstly,the problem of the organizational and the organizers of the indirect perpetrator, secondly,the number of the application of the crime of crimes. The objects of the organization's age and degree of seriousness of committing crimes as the main line of this paper, clarify common crime, and the indirect perpetrator of this crime to resolving the judicial practice related issues.