Study On The Crime Of Organizing The Handicapped And Children To Begging

With the development of our country's economy, the quantity of beggars is increasing in society. They beg for being richer rather than just living. So, the phenomenon of organizing people to beg has appeared. It is inconsistent with the goal of constructing harmonious society if the begging behavior being in flood. Although the 17th article of "the Amendment VI to the Criminal Law of the PRC " has stipulated the crime of organizing the handicapped and children to begging and was useful for attacking the crime of organizing beggars, according to the present situation of begging, it is not enough if we limited the crime to the act of organizing the handicapped and children to begging by violence and coercion. The main purpose of this Thesis is to study the crime of organizing the handicapped and children to begging and bring forward some advices to perfect the legislation of this crime.There are 3 parts in this Thesis. The first part is the present legislation of criminal law on the crime of organizing beggars. The second part is the judicial affirmation on the crime of organizing the handicapped and children to begging and other crimes. The third part is the deficiency and the perfection of the legislation on this crime. The first part is composed of four aspect's contents. It analyzes the bifurcation between the theory and practice on the crime of organizing the handicapped and children to begging from the four aspects of the constitution of crime. The author thinks there exist some deficiency of the Criminal Law stipulations on the boundary between the crime and non-crime. The second part is composed of four aspect's contents. It analyzes the judicial affirmation and application of law of this crime and other related crimes by comparing the relationship between this crime and these crimes: the crime of inveigling children, the crime of buying sold children, intentional injury, negligent injury, negligently causes death to another person, the crime of illegal detention and the crime of fraud. The author thinks it is very unconstant in the practice as a result of the deficiency of the stipulations on the boundary between the crime and other crimes. The third part is composed of two aspect's contents. The first one discusses the deficiency of the legislation on this crime from these aspects: the crime means, the crime objects, the low standard of conviction, and the inconsistency with the other laws. So the author brings out some problems which should be noticed when perfecting this article. The second one brings forward several advices which are useful to the perfection of this article.In the opinion of the author, the 17th article of "the Amendment VI to the Criminal Law of the PRC" should be modified and perfected. For example, the crime objects protected by the law should be expanded to the social vulnerable groups, including the handicapped, children, elders, women, and minors who have reached the age of 14 but not to the age of 18. Beside the behavior of organizing beggars by violence and coercion, the Criminal Law should stipulate other acts of organizing beggars which have the serious harm to society as this crime. It should stipulate the explicit boundary between the crime and other crimes, too. So these modifications and advices would be useful for attacking the crimes of organizing beggars as well as maintaining the normal social orders as the author hopes.