Thq Discussion About The Properties And The Criminal Responsibility Of Organizing Offender

Organizing criminal is classified according to division of the classification.It is common in Albanian Penal Code and Russian Federal Criminal Code.There is no the classification of organizing criminal in continental lagal systemsuch as German or Japan and so on. In our country, organizing criminal is notstipulated, but most scholars think it is implied in our code. No stipulation in ourcode does not mean we do not punish the Organizational Behavior. So it isnecessary for our organizations to search how to handle it in china and abroad.Especially the German and Japan collusive coprincipals theory which isconnected to it is abused in juridical practice now. So it is necessary to clarifyand analyze the theory. Our terminal purpose is to convict and punish thecriminals properly. Based on this, this article contains four parts:In the first part,we will discuss if the organizing criminals can be classifiedas a kind of criminals in our country. There are two kinds of views now, theaffirmation and the negation. In this passage, I have the positive attitude. Thisview fits the reality of our country. It is helpful for us to crack down theorganizing criminals if we acknowledge the existence of them.Then we canbalance the crime can punishment. This is the advantage our country can dobetter in dealing with collusive coprincipals than German and Japan. If theorganizing criminals exist, about the range of them, there are three kindsof views, recently a new complex type theory appears.Then differentacknowledges lead to the different theories.In the second part, firstly,based on the property of organizing criminal, Iwill investigate how German and Japan deal with the organizing criminals, thendefine the real essence of the organizing criminal further. organizing criminal isthe principal offender or complicity, We must make sure it. Because theirproperties are different. But there are different views about what kind ofbehavior is the organizing behavior.We need to discuss it from the system.Secondly,in the whole systems of principal offender and complicity, definingthe organizing criminal correctly is a theory of consistent express explanationto the theory of accomplice interpretation.Thirdly，to define the property oforganizing criminal Clearly is significant for us to solve the conviction andsentencing about it.In my passage,I believe there are many obvious defects about the German and Japan collusive coprincipals theory and our organizingcriminal provisions are superior to such solutions.So it is unnecessary for ourcountry to introduce it. Otherwise it will increase the excessive error to judicialpractice transition. but in the related reasoning and specific identification oforganizing criminals, it is necessary to consult it.In the third part, I will make concrete structure classification and distinctionto the common criminals. In China, our criminal law theory classify thecommon criminal by the union of division classification and functionclassification. And according to this classification, the common crime dividedinto principal, accessory, coerced offender then the imposing penalty of thecommon criminals are satisfactorily resolved. While the abettor is separatelystipulated. organizing offender, perpetrator and accessory offender inprovisions have been covered, and the common criminal conviction problemis also solved too." To solve the conviction and imposing penalty problem oforganizing offender,We must clear its subjective and objective elements,therelation and the difference between the organizing crime abettor andaccessory offender, the role the organizing crime plays in differentorganizational structure.In the fourth part, I will make the criminal responsibility of the organizerclear, then make conviction and imposing penalty correct in the two aspects,scope of criminal responsibility and criminal liability. According to our countrycriminal law the provisions of article twenty-sixth, How to identify all the crimesthe criminal group committed, how to identify all crimes of the leader becomethe keys to resolve organizing criminal responsibility.