The Crowd Assembled To Commit Certain Basic Research

China's criminal legislationon the gathered crime is quite complicated and cumbersome, but the theoretical research is still relatively weak, as a major type of crime, it has not formed theoretically prevailing has never been given due attention viewpoints, as a result it has inevitable in judicial practice affected the handling of such cases. The article focused on many controversial basic issues.the paper is divided into four parts :The first part is about the concept of gathered crime. In this part,the writer has based on its own understanding,expanded the circle of gathered crime,and analyzed existing criminal law provisions of the legislation;I hold that the gathered crime is that the head of criminals gather a crowd to implement the crimes in the way of gathering that are listed in the criminal law;and analyze deeply the concept of crime related areas. I hold that all the gathered crime are common crimes,but also include the separate criminal case,and it constitutes the crime of arbitrary accomplice and the necessary accomplice and make a summary of the relationship between the gathered crime and inflammatory crime,but the writer does not include them in the circle of the gathered crime.in terms of the value of the classification,the writer make it into three kinds of classification.First,in the perspective of the state of legislation,it is divided into purely gathered crime and non-purely gathered crime;Second, in the perspective of the concept of gathered crime, it is divided into gathered common crime and gathered separate crime;Third, in the perspective of the application of criminal theory, it is divided into necessary accomplice and arbitrary gathered crime.The second part is about the patterns of.In this part,the reason why "gathered"are defined here is that its definition and the definition of gathered behaviors are linked logically.Faced with the doubts about the definition of "gathered",I think that the "gathered"refers to the state of gathering that more than 3 people form under the sedition;Facing the chaos in the qualitative and the resulting criminal suspending state,I think the behavior is the implementing par of the gathered crime,and the single implementation of the act without conducting the direct dangerous behaviors is the cessation of the crime;considering the speciality of the gathered crime,I focus on the nature and content of common meaning and believe that it is not necessary for the participants to have mutual understanding,and have predictions about the specific contents.As long as the perpetrator can predict that the crowd might cooperate in the implementation of direct harm,which is the joining with the same meaning.The third is the application of gathered crime laws. This part is in the judicial practice very confusing, and the analysis is very complex, This part is also what the author had to strive to resolve in the text ,which is an important part because many of the problems that are directly or indirectly discussed about it. judicial practice is also expecting the link to be more standard. Therefore, the author worked hard to explore the primary and principal elements, for the purpose of clarifying the relationship between the conviction and sentencing which will affect the importance of how to sort out the ideas. I find this way of thinking, that is, to establish complicity in arbitrary and necessary accomplice in the basic relations,and to find a primary element, active participant in the crime and how the main culprit, linked with the concept of principle; It can be said that the division of arbitrary accomplice and the necessary is vital for resolving in the judicial practice of the concept of dislocation and the contents of innovation are also here; Finally a comprehensive summary of the applicable principles is dealt with.The fourth is about main perpetrators of crimes and accountability. To identify the main crime, the author has focused on the specious and poor grasp of the context, For example, when the court has not found through the investigation, the motives of the important role of active participant with other participants are different ,compared with that of Japan and the provisions of the Penal Code, China underlines the ambiguity, and defect; assuming responsibility is not the main criminal penalties, but focus on the responsibilities that are hard to identify, such as seeking participation instigating, Conversion of how to identify the main responsibility of transforming.