Concerning The Underworld Protperty Organization Rigleaders Of Criminal Responsibility To Assume

The underworld property organization crime has been the key target of attack is the criminal law, with the development of society and economy, organised crime means gradually diversity, concealment also gradually strengthened. In order to adapt to the new situation of the 11th National People's Congress standing committee,19th meeting passed amendments to the criminal law of the People's Republic of China "(8), which is the crime of SheHei significant change. However, the underworld property organization ringleaders of criminal responsibility as the acknowledgment and blame theory of criminal law and judicial practice, still the difficult problem solved. Didn't get the fundamentalThis essay tries to a typical organised crime, and then discusses the analysis in the current criminal legislation according to the provisions of the underworld property organization crime existed some shortage, especially in the underworld property organization ringleaders of criminal responsibility should be there defects, and on the basis of the improvement of the legislation is put forward some Suggestions.This paper causes and case part is mainly to a more typical in organised crime to the specific circumstances of a case is introduced. In the case of focus, based on the part of both of the accused and the defendant charges about this case summary of opinions and defence, and a conclusion that the opinion in the case of the controversial in three focus:(one) the cognizance of the underworld property organization; (2) the underworld property organization ringleaders of criminal responsibility scope; (3) the underworld property organization ringleaders degree of criminal responsibility. On the analysis of the case, according to discuss part three focus problems, the writer separately from the Angle of positivism shall analysis: about the underworld property organization that problems, the writer based on general crime group compared with the underworld property organization, and proposes that we should in the criminal law amendment (8) of the underworld property organization specified four legal characteristics, and on the basis of the number from the organization turf, behavior and decide whether constitute the underworld property organization. About crime group ringleaders shall bear criminal responsibility, this paper put forward the current range of academic two ideas: first, follow the subjective liability principle and personal responsibility principle, considering the particularity of organized crime; Second, according to accomplice, coupled with subjective liability principle whereby principle. The author in favour of the second theory, but to put forward appropriate further in matches subjective typed analysis discussions. About crime group ringleaders degree of criminal responsibility shall be made by the objective, this paper, combining with considered harmful vicious subjective and personal risk to the subjective vicious ringleaders based on the sentencing. In the final conclusions and Suggestions from its own part, the author of this case ruling to view and analyze the conclusion, and proposed in this foundation on organised crime in legislative two Suggestions: first, perfect the underworld property organization's determination standards; Second:in the underworld property organization ringleaders conviction on the problem be perfected, further defined the underworld property organization ringleaders shall bear criminal responsibility, and the scope of the underworld property organization ringleaders sentencing issues are regulated.