The Organization Is Guilty Of Theoretical Issues

In the accomplies, the crime participant who has the implementation organization behavior is called organization crimainal. Although the author who implements must deserve the important document in behavior, but to the entire accomplie crime realization, he plays or controls the vital role. Comparing with the accomplies, its social hazardous nature is more remarkable. Because legislator classified accomplice in the standard, adopting compromised method, which is to classify and to divide the work. In the legislation where is stipulated completely but it doesn't abandon the content, thus it caused the organization theoretically chaotic. This paper plans to do some research on criminal in the domestic and foreign law to discuss the correlation theories. This paper is mainly divided into four parts.The first part introduces the organization behavior in details, which is qualified and evaluated by different countries in their criminal law and practice. In addition, it elaborates the theory separately in the mainland legal system, the British and American legal system, former Soviet Union which represents social countries and in our country criminal law. Mainland legal system—the criminal law in Germany and Japan don't have the type about the accomplice which the organization criminal. The traditional accomplice theory is only to punish the crime, regarding the abettor or the help.The second part is the concept to the organization criminal, which is stated and evaluated by various theories in construction organization criminal. To the concept of organization criminal, the educational world has argument with the unique type, the identity and the general type. By the comparison with various theories, the author approves of the general type, defines organization criminal who organizes, leads plans or the direct the delinquent fact.The third part mainly expounds constitution characteristics of organization criminal through discussing intention of organization criminal and constitution aspects of organization behavior. As for the intention of organization criminal , the author elaborates whether a laissez- faire psychological attitude in the intention is included in the occurrence of crime result, and thinks that the behavior of organization criminal only exists direct intentionally and indirect intention. Regarding the organization behavior, the author chiefly had carried on the discussion from its characteristics and types.The fourth part mainly elaborates criminal responsibility of organization criminal. Starting with the dominance of organization behavior, the author discusses the basis and commitment of organization criminal' responsibility. Because the relationship between his organization behavior and his offending outcome is of cause and effect, the organization criminal is playing an important role in carrying out all crime constitution important documents to undertake the criminal responsibility. This responsibility established on the behavior of organization criminal and the causal relationship between the behavior and outcome is legitimate.