Research On Crime To Organize The Minors Into Violating Security Management Activities

The "Criminal Law Amendment (â…§)" adds a new term to the paragraph 1, the article 262 of the "Criminal Law ". The name of organizing minors to engage in behaviors of violating security management is determined. Although the organizational behaviors is criminated, there are so many problems in the academic and judicial practice. Therefore, researching this imputation has some theoretical and practical significance.First of all, this paper tries to analyze the different viewpoints about imputations, and then put forward my own views. Secondly, this paper analyzes in detail from the object, the objective, the subject and the subjective in virtue of the traditional criminal law theory. The minors' lawful right and interests and the management of the normal social order are its object. Because the crime target is the minors, and the current Criminal law provides special rules for this group, this paper makes deeply research on the concept of minors, age-bracket, quantitative requirement, and interdisciplinary studies with disabled. There is no definition of minors in the Criminal Law yet. Usually, we use the relate regulations in the General Provisions of the Civil Law if necessary. Therefore, it is urgent to fill this gap in the Criminal Law. In the specific age of minors, we should distinguish specifically according to the "Security Management Punishment Law" and the "Criminal Law " and try to achieve harmonization with both. In the number of minors, there are different views. Although the decision on the non-prostitution published in 1992 has important referential significance to provide the number of minors in this crime. However, if the number of minors is limited two or more, this term will be conduce to strike the organizational behaviors and protect the minors. Then, the paper focuses on analysis of the meaning and contents of the organizational behaviors. The organizational behaviors should include the violence behavior and the non-violence behavior. Besides, The connotation of organizational behaviors should be ruled according to the "Security Management Punishment Law", rather than just four types of behavior listed. This imputations'subject is the general subject and the subjective is on purpose, there is no doubt.By analyzing the component of crime to organize the minors into violating security management activities, the paper tries to form a comprehensive understanding.And on this basis, it analyzes further the difference between the crime and other crime,indirect guilt and fellowship in crime to resolve the related issues in the judicial practice.