A Study On The Crime Of "Organizing Juveniles To Violate Public Security Administration"

In order to curb the phenomenon of organize, manipulate, instigate juveniles to be engaged in theft, snatch and other violations of law and order management activities,better to combat such "the backstage manipulator", the crime of organizing juveniles to violate public security administration is a new charge in the Amendment 7 to the Criminal Law. As it is, the establishment of this crime play an important role in the fight against crime, protecting the personal rights of minors, maintain the normal order of society in management. But, this crime has the lower threshold, vague statements counts, competing with other issues related to accusation, all of these questions will lead to this crime in theory and in practice, there are some issues to clarify, This is exactly the purposes of this article.Paper is divided into four parts, summary as follows:PartΙ: The legislative background of organizing juveniles to violate public security administration. This section introduces the crime of Legislative reasons and the practical significance. First of all, for the organization intensified minors pickpocketing, seize such acts of violation of public security management activities, just click on the organizers behind the scenes to give tough fight to stop the source of such criminal acts, this is exactly the reason for the crime of conviction; Second, the significance of the establishment of this crime is the height from the criminal organization, use of minors in illegal activities, violation of the legitimate rights and interests of minors to do a specific, clearly defined, make up the loopholes in laws and regulations in the past, for the protection of legitimate rights and interests of minors, to create a favorable security environment, building a harmonious society of stability and unity is very important.PartΙΙ: The constituent elements analysis about the crime of organizing juveniles to violate public security administration. This part analyze the Crime from the four aspects which constitutes a crime:1.Criminal object. The object of the crime is a complex object, that is, the personal rights of minors and public order management order. This paper argues that the personal rights of minors should be the main object to this crime. 2.The objective aspects of the crime. Mainly focused on these problems: the term "organization" means, is the number of organizers is not less than three, "other violations of law and order management activities " should include the specific content and punishment to be upgraded as a condition of "serious" case which should include.3.Criminal subject. Actors in this crime is a general subject, although minors are protected object of this crime, but does not exclude minors over the age of 16 may also be possible subject of this crime. 4. The subjective aspect of the crime. This section analyzes the two issues, it is whether need to constitute the crime "for the purpose of making profits", it is a minor knowing that the organizers.PartΙΙΙ: Judicial application about the crime of organizing juveniles to violate public security administration. This section combines the provisions of the existing criminal law and theories of justice for the difficult problems that exist in judicial application. 1. The boundaries of the crime. This paper argues that behavioral offence is committed, but we still adhere to that standard of the serious social harm, the circumstances are obviously minor harm is not excluded from the criminal actions . 2.The relationship between the crime and others. This section discusses the identification of common crime, the crime with intentional assault, illegal detention, the crime of child abduction and other crimes as well as competing for minors involved in determining the responsibility and punishment views of other issues.Part IV: The interpretation and improvement about the crime of organizing juveniles to violate public security administration. The focus of this section is provided in the base under the premise of this crime, how to fully tap the practical value and how to better play its due role. Mainly from the nature of crime, the legislative intent of this crime and other aspects of this crime to have a comprehensive grasp and sort out, how to overcome the same time as the law of the crime patterns and how to avoid the legislative crime of a "reveal all the details "of charges put forward my own views.