Analysis On The Crime Of Organizing Begging

Begging has been a serious problem in our society for a long time. The vast majority of beggars not only brought about influence on economic, culture and other aspects, but also made rulers anxious. There were special measures and agencies for begging management in almost every dynasty, such as Futianyuan and Yangjiyuan in Song period and so on. In Qing Period, the measures became more strictly. After PRC was founded, the principle and measures had been undergone a process of change. In 1960s, the Measures of Housing and Shipping off was given dual functions of social assistance and security management. Police, urban management departments and shelters had the power of identificating and repatriating. The Measures of Housing and Shipping off had played an important role, however cases of violating human rights frequently occurred as the power expansion. In 2003, the Management Measures about Salvation of the Tramps and Mendicants with no Income in City carried out. Compared with the old system, the new system highlighted its voluntary nature, limited the power of shelters and more stressed the people-oriented. However, as the implement of the new measures, a number of problems have been exposed. Its own defaults and social reality made the number of beggars increased and the phenomenon of organized begging seriously. Case of Gongxuanxuan exposed by the media raised the whole society's attention to organized begging. The"PRC Criminal Law Amendment (6)"stipulated the Crime of Organizing Begging, which not only protects the legal rights of the disabled and children, but also plays an important role on social security.The Crime of Organizing Begging means organizing the disabled or children under the age of 14 to beg by violence or coercion. It seriously violates the legal rights of the disabled and children under the age of 14 and the normal social order. Organizing healthy persons who pretend to be disabled doesn't commit this crime. The objective aspect of the crime calls for the act of organizing the disabled or children under the age of 14 to beg by violence or coercion. Firstly, the offenders must organize the disabled or children under the age of 14 to beg. Secondly, the offenders use violence or coercion to organize begging. Here, the maximum harm caused by violence is slight wound; otherwise the severity of the penalty is not sufficient to evaluate the serious consequences. Any person who has criminal responsibility and is over 16 years could commit this crime. The subjective aspect of this crime is delicate, including direct and indirect, and need not a purpose of illegal profit. In practice, this crime may be concurrent with other crimes, such as the crime of abducting and trafficking in children. If the guardian who sold children to begging organizer pursuit the reducing of life burden, but didn't organize begging himself, we couldn't take him as a criminal suspect of this crime. He should be punished by other relevant laws. Moreover, in order to put the disabled or children under control, the organizers are likely to take them into custody. At this time, unlawful detention is included in the objective aspect and shouldn't be evaluated separately. There are many criminalized provisions for abetting and organizing the disable or children to beg in many countries and regions'criminal codes. But compared with ours, these provisions show a significant difference. Generally speaking, these provisions are mostly aimed at the protection of children, and set the security measures. The implement of the crime of organizing begging in"PRC Criminal Code Amendment (6)"has played an important role on protecting the legal rights of the disabled and children. However, by analyzing the provision, we can find there are still some defects to be perfected. Firstly, some of the disadvantageous groups who need to be protected specially such as the elderly have been missed. Our social security system has not been perfect yet, and it is a serious problem for the elderly to beg. The elderly who have lost working ability may easily become tool of begging organizer. Secondly, the objective aspect includes only violence and coercion, but misses common methods as lure and cheating in real life, which is harm for the protection of the disabled and children.