Research On Several Issues Of The Crime Committed By Assembled Crowds

Assembly crime is a type of frequently-occurring and common crime. It is also one of the frequently-met difficult problems in our study of criminal theories and judicial practices. The harmfulness of this type of crime is huge, and great economic loss and severe social effects may be brought about. Therefore, it is heatedly discussed in the criminal theoretic and judicial theoretic circles of China. In the criminal theoretic circle of China, there is no deep study of this type of crime, and some basic concepts concerning assembly crime are fuzzy. Opinions about it are sharply divergent, and there is no specific study of assembly crime, so that mistakes were made in practices. Consequently, it is necessary to carry out research on the fundamental principle of assembly crime to guide judicial practice. This thesis falls into three chapters to explain some issues concerning assembly crime.Chapter one is the general survey of the basic concept of assembly crime. Assembly crime refers to the crime with"to assemble a crowd"as the formation of its necessity. It is stipulated in our criminal law that assembly crime is the crime organized, arranged and led by the primary criminal and committed by the assembling of a crowd. The participants of the crime are complicated, and the crime is characterized as publicity, diversity and severity of the result. Assembly crime essentially differentiates with joint crime, assembly joint crime and group crime. It is an independent form of joint crime, but is not necessarily joint crime. When only the primary criminal is punished, it is called independent crime. When both the primary criminal and the participants of the crime are punished, it is called joint crime. Assembly crime is also different from assembly joint crime. The latter is organized and arranged by primary criminal to lead a group of people to commit crime jointly. While only some of the assembly crimes are...