Organizations Of Persons With Disabilities, Children Begging Crime And Improvement

"Tolerance beggar is a civilization, in modern society, restrictions on begging as a civilization, and, concomitant with the establishment of the social assistance system, a sound, limiting beggars have become an indispensable civilization. With the emergence of "Criminal law amendment (six)", the crime of organizing the disabled and children to beg came into being.This paper tries to analyze and discuss the crime of organizing the disabled and children to beg, and put forward own proposals on some questions,looking forward to perfect legislation and actual judicial practice, The main content is divided into six parts:Firstly, study on the object of the crime of organizing the disabled and chilldren to beg. the object of the crime is a complex object, namely, the legal rights of the disabled and children under the age of 14 and the normal social order, And clearly defined object of this crime, the scope of the disabled and children under the age of 14. The crime target is disabled and minors under 14 years of age, organization, or counterfeit disabled minors begging behavior does not constitute the crime.Secondly, study on the objective aspect of the crime of organizing the disabled and children to beg. Objective aspect of this crime is violates the country laws and regulations as well as the rules and regulations, By the violence, the coercion method organizes the disabled person or Minors under 14 years to begging, constitutes a crime, must have the violence, the coercion behavior, and must go begging organized behavior.Thirdly, study on the subject of the crime of organizing the disabled and chilldren to beg. This crime's main body is the general main body, any achieves the legal responsibility age to have the criminal capacity natural people to be possible to become this crime's main body, including the disabled person and minor's guardian, units can not be the subject of this crime.Fourthly, study on the subjective aspect of the crime of organizing the disabled and chilldren to beg. This crime's subjective aspect is intentionally, including direct and indirect intentionally, negligence cannot constitute this crime, moreover this crime does not seek profit as the goal.Fifthly, the crime shape of the crime of organizing the disabled and chilldren to beg. This crime is the behavior commit, completes the violence, the coercion method to organize begging as the accomplished offense the standard, and discussed this crime's joint offense and quantity of crime. Sixthly, the defect of crime and proposed legislation. This crime's object besides disabled person and not reach 14 year-old minors, should also include belongs to the society minority groups' senior citizens similarly and 14 less than 18 year-old minors, the behavior method aspect should expand suitably, including the violence, coercion and deception.