Organizations Of Persons With Disabilities, Children Begging On Problems Of Crime Justice

Currently, the organization has become a professional begging growing social problems. Control of the disabled, children begging, not only will affect social order and seriously harm the legitimate interests of persons with disabilities and children's physical and mental health.This article is divided into three parts, focusing on analysis of the organization of persons with disabilities, children begging in Crime Profiles, and certain forms of qualitative issues identified.The first part, organizations of persons with disabilities, children begging Overview of the Crime. In this part, I beg the main convict the organization to establish and analyze the legislative process.(A) Of the organization by persons with disabilities, children begging for understanding and grasping the concept of sin, the establishment of the crime charges were analyzed. As a non-crime legislation of the charges, the academic controversy over the existence of five point counts Namely: organization begging crime, violence, coercion crime organization begging, forced organizations of persons with disabilities, children begging crime, organizations of persons with disabilities, juvenile crime begging, organizations of persons with disabilities, children begging crime.In my opinion, a simple "organization begging" not accurate representation of the essential characteristics of this crime, and drugs also do not need to "force" or "violence, coercion" to describe the behavior of elements. China's current criminal law provisions from a series of tissue-type crime of view,In addition to organizing, leading or participating in terrorist organizations provided the crime category crimes against public safety, and other such organizations escape the crime, organization, leadership, participated in the crime syndicate, organized prostitution, are all in prejudice to the provisions of the Order of the social management of the crime. Only the provisions of this sin is violation of civil and democratic rights of crime categories, indicating more attention to this crime, the protection of the disabled, children's personal and democratic rights. The criminal provisions of this section, such as rape is the same violence, acts of coercion as a means, not been reflected in the charges being. Therefore, counts of this crime of "organized begging" to describe the behavior of elements sufficient to fully, will not be "forced" or "violence, coercion," presented in the counts. Meanwhile, charges need to reflect the restrictions in the protected object, because in the past that have been identified concerns the need for special protection of vulnerable groups in charge, are clearly reflected in the scope of the object of protection, If the crime of child abduction, trafficking in women and children, to lure young girls engaged in prostitution and child labor and other critical labor crimes. So I think that counts of this crime should be a clear expression of the scope of protection of objects to reflect the Criminal Code on "vulnerable groups" of protection. Therefore, counts of this crime should be recognized as organizations of persons with disabilities, children begging crime.(B) Analysis of the legislative process. The Background and the Crime of Significance: As the highlight of this crime a serious social problem, it is back in "Criminal Law Amendment (5)" had already put forward, but at that time, "Public Security Administration Law" is being considered for adoption, To maintain consistency of the legal system and therefore got the "Criminal Law Amendment (6)" consider for adoption. China did not give any specific criminal legislation to combat illegal begging, the provisions in this regard abroad is very detailed and comprehensive. So, either from the convergence of domestic legislation or the legislation on foreign reference, put all of this crime which has practical significance of the legislation.Part II, organizational Handicapped and Children of the crime of qualitative issues. This part of the author is the main organizations of the disabled, children begging and crime associated with the establishment of the distinction between the crime problem.First, the author posed by the traditional theory of crime for each of the four elements of analysis to discuss the establishment of this crime. Discussed in the analysis of the object of the crime, the author recognized the object of the crime is a dual object (that is, the disabled, children's personal rights and public order management order), while Is to protect the disabled, children's self-determination rights(Self-decision is the general principle of modern free societies, its practical interpretation of the will of free people, including a human thinking, choices and freedom, that is subjective based on personal desires and to cut off and the relevance of the community, only the exercise of personal any meaning decisions).Secondly, the author analyzed the number of crimes committed against restrictions. Despite the number of scholars to organize should be three or more,In judicial practice, For the same general purpose and the use of violence, coercion repeated one or two organizations of persons with disabilities, children begging, The same serious social harm, but also directly against the disabled, children's personal rights, and the nature of the even worse, a crime is in line with the legislative mind. In addition, my legal practice to find out the crime or the difference between,The first set is the crime in the sub-elements of the crime or constitute a distinction, and after the criminal behavior of this article, "Public Security Administration Punishments Law" provides a general comparison violations, both in the protection of objects and punishment target range were different.The practice of counterfeiting in the situation of persons with disabilities, the author proposes a new view. The author believes that organizations of persons with disabilities begging fake there are usually two scenarios: 1 for the "protection of the disabled" in the definition of disabilities, including hearing disability, intellectual disability, mental disability concrete is difficult to judge them, Sometimes including people with disabilities themselves may not know whether it is consistent with national disability standards, whether for the disabled.But criminal law does not require a special appearance only in the obvious features of the disabled, such as limb defects is the crime targets. Sense and nature, organizations of persons with disabilities of any kind is a serious violation of their begging personal rights. The organizers deliberately organization that he did not know and let people with disabilities in their own right disguised as "disabled" to beg, Although subjective, the perpetrator did not intentionally against persons with disabilities, but in fact, the perpetrator did to the people with disabilities against the legitimate interests of,If the organization of violence, coercion, should think that constitutescrime;2 In practice, some people looking for work to facilitate access to relevant social security or care, or even to apply for proof of disability leave. Organizers did not know was the organizer is fake disabled, and penal provisions of this section aims to assure the rights of persons with disabilities, Therefore, in this case, are generally not punished by this crime, and if there is in the organization of violence, coercion, should identify the relevant charges.Of this part of the last, the author is also the 13th Article of the Criminal Code, "the circumstances are obviously minor and the harm is not the situation is not considered a crime", "inducement, deceit," and whether voluntarily joined the begging of conviction are briefly analysis. The third part, organizations of persons with disabilities, children begging for some form of recognized crimes. Accomplished author of this crime standards, common characteristics of perpetrators of crimes and the crime identified the number of standard analysis. Accomplished in the identification of standards of crime, I believe that actions of this crime was committed, Acts not only to complete the violence, coercion organizational behavior, but also to be implemented organizers begging act, the behavior of this crime be complete in order to set up Accomplishment of this crime. Otherwise, pure violence, coercion organizations, instead of making the organized begging, begging those who have no actual violation of human dignity, it is not a crime Accomplished.Among the many problems of common crime, this paper focuses on the common characteristics of perpetrators carried out a detailed analysis and explained. Practice, the actor who played a major role in the common crime of "behind the scenes" and "monitoring the perpetrators" are generally principal; check out the location, lookout, or other assistant general are accomplices; Because of the particularity of this crime against the restrictions, it is generally organized beggars can not be coerced offender of this crime (Forced to beg for people with disabilities, criminal capacity constraints, it generally can not be coerced offender of this crime; forced to begging children, due to dissatisfaction with 14 years of age, Age limit for criminal responsibility can not be coerced offender of this crime)Determined on the number of Crime, I believe that the provisions of this crime, criminal law reflects the concept of positive general prevention. And in practice, the whole process of organization, number of problems can sin before and tissues from the organization to identify a two-stage.