Mob To Disturb Public Places, The Study Of Traffic Order

Our Criminal Law in 1979 for organizing a mob to disturb public order, traffic order crime are specified, but the theory discussion about this crime just stay as a brief description for charges. Based on the analysis of the concept of organizing a mob to disturb public order, traffic order crime, we discussed some basic issues on gathered to disturb the public places order, traffic order crime so to have a comprehensive and scientific knowledge. This paper is including three parts: The Chinese Criminal Law in 1979 defined what a traffic order crime is and disturbance of public order is, but the discussion among the theoretical circle about this crime is only a brief description about the definition of it. This paper is going to have a comprehensive and scientific study on some basic problems concerning the disturbance of public order and traffic order crime starting with the analysis of the concept of disturbance of public order and traffic order crime.The first part is an overview of the disturbance of public order and traffic order crime. The author first focuses on the analysis of the different understandings about the two concepts and presents his own view, then introduces the situation of the legislation and the characteristics of the disturbance of public order and traffic order crime in China and abroad.The second part is the research on organizing a mob to disturb public order, traffic order crime, crime and non-crime.,and the punishment and Pilate sin problems. This section is the key part, mainly including two parts. The second part is the research on these two, crime and non-crime, and the punishment and Pilate sin problem. First is the crime and non-crime problem. We think that crime and non-crime is defined as the key to a crime, so we stress the four constituents of organizing a mob to disturb public order and traffic order crime. In particular, through thorough analysis of the crime subject and the criminal law theory about the concepts of the other participants except the ringleaders in mainland China and other districts, especially thoroughly analyzing the crime subject, and combined the criminal law theory with civil law countries and regions about the concepts and criminal law itself have related characteristics of other participants except ringleaders, we think that only ringleaders can become the subjects of this crime and constitute a crime. In the meanwhile, we emphatically focus on the relationship between ringleaders and prime culprit, pointing out that there is no connection between the two in public orders, organizing a mob to disturb traffic order crime ringleaders and prime culprit is no connection. Based on the basic introduction to subjective intent crimes and the source of subjective intent traceability, we excavate the crime and some further reasons, and put forward the idea that man's desire in this crime may play an important role. Second are the crime and Pilate sin problems. Through different demands of organizing a mob to disturb public order, traffic between crime and similar elements of sin, we accurately distinguish this crime and Pilate sin.The third part is the analysis of some knotty practice sin problem concerning organizing a mob to disturb public order and traffic order crime analysis. In this section, the author discusses the accusation, crime, to "all" the crime pattern recognition and this crime. For existing in current theoretical doubts more is "all", the author thinks that in this crime that as one of the crime of "all" is a kind of behavior is a kind of state, cannot put it independent think "all" is a kind of behavior or is a state of being. In the theoretical arena there is no firm belief as what is"mob". The author thinks that in this crime,"mob", as one of the constituents, is both a kind of behavior and a state which cannot be separated. To sum up,"mob"is a group state of uniting three or more (including the ringleader) together. Summarized speaking, people gathered is all thinkers, convening megalomania behavior such as three or more persons (including formed under the crowd that ringleaders) together in groups state.