Interpretation Of The Basis Of The Organization Committed And Criminal Liability

The organizing offenders, which are of a special type of criminals, do not conduct the implementation of behavior stipulated by specific provisions of criminal law themselves, but they lead and control the implementation of behavior whose social hazardous nature is more serious than other criminals in joint crime. Although the organizing offenders play a vital role in joint crime, only a few countries, such as Albania and Russia prescribe the organizing offenders in criminal laws. Even Germany and Japan, which are the typical representative countries in the mainland legal system, do not clarify the position of organizing offenders, the justice and punishment of which only depend on some further explanations of the complicity theory, such as the theory of dominance behavior in Germany and the concept of the crime-shared accessory in Japan. That is the reason why this kind of justice and punishment is not appropriate, lacking of theory foundations. China only regards organizing offenders as one special type of principle criminals instead of clarifying the clear conception in Criminal Law. What` s more, there are not many theorists researching on organizing offenders. Therefore, through the comparative study of the mainland legal system, the British and American legal system, and the theory of organizing offenders in other socialist countries, a model of the organizing offender is made, associating with our system of punishment.This thesis is mainly divided into five parts.In the first part, from the historical aspect, the forming and developing of organizing offenders, which are of one typical conception in Criminal Law, are introduced though a comparative study of Criminal Law in different times, including the ancient, the modern and the contemporary. That is to show the developing process of the cognition of organizing offenders.In the second part, from the aspect of the comparative theory of Criminal Law, the limitation is shown and the absolute reasons why all these conflicts appear are shown as well. On this basis, I suggest that the position of organizing offenders should be fixed according to the two angles of the effects and the division of work.In the third part, there is an improvement of the model of organizing offenders in the current system of Criminal Law, including the conception, and the forming of the commitment of the crime. What` s more, the conception of organizing offenders is developed in related theories and laws both in subjective and objective ways, and in the aspect of the harmful consequences.In the fourth part, the criminal responsibility of organizing offenders is discussed. That should be investigated according to the foundation of the punishment, the characteristics of the crime and the purpose of the criminal behavior.The last part says the relations and differences in organizing offenders, engaging offenders, abettors, and principle offenders. The position of organizing offenders is clarified in the current system of Criminal Law and some misunderstandings are corrected as well.