Research On A Number Of Issues Of Crime Mob

Crime in our country is a common social phenomenon, because of their serious social harm, but by the denial of state power. Therefore, the state criminal law to regulate the development of crime, and criminal acts have been, sections with the most severe penalties to punish perpetrators and prevent other criminal tendencies. The mob crime under the Criminal Law of China was in a class of crimes, such crimes equally harmful to the society, the criminal law the general characteristics of sexual and other crimes. But mob crime relative to other types of crime in our country is not a high frequency of a class of crime, and criminal law theory, the study of its relatively small sector, in theory, there are also a lot of controversy and shortcomings, but because of Crime mob also has its own unique characteristics in the form of "mob", and thus their participation in the large number of crime covers a wide range of serious harmful consequences, social impact of large and therefore have a high research value. This paper is divided into three parts discusses several specific issues of crime mob, both theoretical aspects, such as assembling a crowd to the concept of crime; also includes practice problems, such as the identification of crime mob. I hope that the above analysis of the problem through research, with a view to help our country's judicial practices.This paper is divided into three parts: introduction, body and conclusion, for a total of more than 26000 characters.This introduction to the realities of social phenomena and the relevant provisions of the Penal Code, leads to this unique type of crime mob crime. Brief indication of the mob crime and other criminal types of the biggest difference, that is, forms of crime "mob" of, and to pave the way for the body of the discussion.The body of the first chapter an overview of crime mob. This part mainly includes the concept of crime mob, characteristics, nature and classification, the author in his discussion of the contents of the first part of this chapter, the concept of crime mob, the first overview of the current mob of China's criminal law scholars in several mainstream definition of a crime, and affirmed these views in the described within a certain range of such crime "mob" of the external form, with the merits. Also pointed out that the above point of view is inadequate, they, or expand or shrink a mob crime, extension, and thus gives the definition of the crime writer on the mob. The second part of this chapter, the author from the main characteristics, behavioral characteristics and the legal characteristics of three discussed the characteristics of crime mob. Part III of this chapter on the mob nature of the crime, the author mainly focus on mob crime, and common crime, a separate crime, the relationship, set out a common concept of crime, theories and other related issues, and then linked to the common type of crime discussed. Part IV of this chapter the author discusses the current academic mob crime, the classification of criminal law, as well as writer's own standards for classification.Chapter II discusses the body of mob crime and other related practical issues identified. In this chapter the author first discusses the composition of elements of crime mob. Because it constitutes a crime, the "four elements that" at present still pass to say and a great impact on China's judicial practice and deep, so I ignore its old and inadequate, are still reading from the perspective of the four elements of that (ie, mob crime, subject, object, subjective and objective aspects) to describe the composition of elements of crime mob. I was the occurrence of crime from the mob, development, and completion of different stages in combination with behavior of offenders act committed, the results were guilty of the relevant theories discussed mob crime consummated, preparation, attempted to stop the suspension of four forms.The body of the third chapter in the transformation of the mob crime, the judicial practice of committing the more difficult issues. I here the first scholars from China's criminal law committed on the transformation of the basic theory and the specific provisions of the criminal law proceeding, discusses the concept of transforming crime, characteristics, and then gathered to discuss the establishment of crimes committed in transforming conditions, including the transformation of the subjective conditions, objective conditions and spatial and temporal conditions. Finally, the author discussed in terms of pros and cons of two mob into committing the basic types of crime.To conclude the last part of the article is a short chapter focuses on the content of comments.