Legal Studies Of The Criminal Organization Maker

The center view of this text is, the society based on criminal law protects and ensures the balance and coordination between the functions with human rights, establish and organize the principle of bearing of the concept made and criminal responsibility to spread the totally essential one clearly in legislating , this prevent day such as Germany country from it make or implement the destruction to legal principle of the crime led to the fact of concept of the behavior to expand to make to organize to punish among theory and judicial practice too and the most thorough solution required.Basing on the legislative tradition the accomplice of our country on the other hand, the article is put forward on the foundation of current legislation of our country, through resolving to the already existing prime culprit's concept greatly , and define ringleader's concept greatly again, while complying with the tradition and using experience for reference, is it legislate with of our country legal cultural tradition and administration of justice for organization criminal of basic point to construct to build.Make not featuring for constitutive elements of crime domination where the important documents realize full text with organization at all or controlling for setting forth one's views according to , probe into and organize the concept made, noumenonn characteristic and criminal responsibility, and judicial practice is it analyze and review to go on dispute and existing problem that organization make, have put forward and solved and organized the view which makes criminal responsibility in order to control the key element. The full text includes organizingthe noumenonn characteristic made mainly, criminal responsibility and relatively studying three major parts.First part The noumenonn characteristic made about the organization, include organizing the concept made, an objective characteristic mainly, subjective characteristic and their with concept that similar to-abettor, make together , the ringleader , the difference and contacting several questions during the prime culprit. This test think person who organize dififerent from other basic place of accomplice lie in between he and constitutive elements of crime domination that important document realize, and this kind of domination role may only just exist in this special colony of criminal group. Therefore the persons who organize are the person implementing the organizational behavior in the criminal group. His composition characteristic is under arranging the subjective psychology of realization of the important document of constitutive elements of crime promptly, is it control constitutive elements of crime take objective behavior of piece of implement.Second part The criminal responsibility made about the organization is that started with the localization in complicity of persons who analyzed organizing, probe into person who organize bear criminal responsibility getting proper, current criminal law and judicial practice mistaken idea that exist and to new thinking that problem solve this. This scholar occupies the leading status inside the criminal group for the person who organizes, but in the external relation of concrete crime of the fact, he is not unalterable for crime to finish the size of function played with making between the two, therefore the persons who organize are not certainly all prime culprits in a crime. It is should in order to controlling the key element one it is and size according to, solve problem of from range and the two degree respect of criminal responsibility.The third part The comparative research that is made about the organization, has chosen to commit the criminal law of Russia stipulated clearly in organizing in legislating mainly, is it make representative Germany and Japan criminal law of concept to exercise restraint in to adopt, is it make Italy criminal law of concept to unify to adopt, law department have different legislation traditional Great Britain and America criminal law and not the same as the above various countries totally withcontinent, distinctive France criminal law. Seven national organization criminal these is it contain various countries organize and make the legislative model basically to legislate, have reflected the appearance legislating of criminal who organizes various countries. Through with the comparison of the method in the regulation legislating of other criminals who organizes country and judicial practice, can expand us to the vision studying of persons who organize, thus maximize favourable factors and minimize unfavourable ones, the persons who contribute to perfecting the organization of our country further legislate.