Legal Studies Of The Organization Criminal

The organization criminal is classified according to action-division classification in the theory of joint crime. The organization criminals themselves do not conduct the implementation of behavior stipulated by specific provisions of criminal law, but they lead and control the implementation of behavior whose social hazardous nature is more serious than other criminals in joint crime. Although the organization criminals play an vital role in joint crime, only a few countries including Russia prescribe the organization criminal in criminal law and there is not detailed study on it in theoretical field, especially in China. There are different ways to deal with the organization criminal, for example in Japan , judicial practice has already brokenthrough the legislation creating the concept of the crime-shared accessory which has a solid foundation in theoretical field. This paper takes the theory of the crime-shared accessory as a starting point to explore and consummate relevant stipulations about the organization criminal with criminal law in China. This paper is divides into six parts.The first part deals with the status of the organization criminal in criminal law at home and abroad. This part briefly discusses the accomplice category and the status of the organization criminal in criminal law at home and abroad, from which we can know through comparison of all kinds of organization criminals that we should combine action-division classification method and function classification method to resolve the problems concerning the criminal responsibility of the organization criminal.The second part describes the crime-shared accessory and the influence on our country. First, the author describes the origion of the crime-shared accessory and relevant theories which provide a theoretical basis for the following description on this issue. Second, the suthor describes the evaluation on the crime-shared accessory from schollars at home whose point is that there is no need to introduce the concept into our country because the organization criminal is prescribes in criminal law to solve such problems. Third, much similarity is found by means of comparing the organization criminal with crime-shared accessory in Japan, and there are many advantages for the crime-shared accessory in theoretical field and judicial practice compared with theorganization criminal in criminal law in China. So the suthor takes the crime-shared accessory as reference to consummate the theory about organization criminal in China.The third part involves the composition of the organization criminal and its existence scope. The author first of all describes different points of view from schollars at home, and draws conclusion that there are three basic characterristics about theorganization criminal. Then a detailed study on the composition of the organization is conducted through the objective and subjective aspects. Last the author describes in depth the existence scope according to the classification of organization criminal of joint crime. That organization committed not only exists in the criminal groups, in general there are also common in criminal cases committed organization.The fourth part is devoted to the crime patterns of organization criminal. In this part, the author discusses the suspended situation of the organization criminal, the joint situation of the crime and the form of quantity of the organization criminal, through which we can defines the relevant issues clearly.The fifth part deals with the criminal responsibility of organization criminal. The author explains the reason for the organization criminal to bear the criminal responsibility through the angles of the composition, the controlling nature and causality theory. And the suthor mainly discusses two patterns of criminal responsibility of the organization criminal.Last part involves in the legislative consummation of the organization criminal. From analysis and comparison the suthor points out that there are many defects about our country's mixed classification, so it is necessary to select the proper classification pattern. The author proposes to establish the model of dual legislative structure in order to consummate the lawmaking of organization criminal for it can solve the problems about organization criminal responsibility bearing.