Discussion On The Crime Of Organiaing The Disabled And ChiIdren To Beg

With the development of China’s economy in recent years and the increase of the gap between the rich and the poor, the number of the beggars is growing, and the behavior of organizing begging is flooding. To this end, the amendment of the Criminal Law of the People’s Republic of China (6) provides the crime of organizing the disabled and children to beg, which is better for the legitimate rights and interests’protection of the disabled and children and has a significant progress. However, there are still many deficiencies in the legislative provision of this crime. For example, the scope of the criminal means and object is too narrow, and the provision of the conviction threshold is not accurate. The existence of these legislative defects allows criminals to escape from the legal sanction, and makes the organizing begging behavior continue despite repeated prohibition. In order to fight against the organizing begging crimes, it is necessary to discuss this crime systematically and comprehensively, and put forward recommendations to improve the legislation of the crime.With the methods of case study, comparative study, inductive analysis and empirical research, this paper first summarizes and describes the legislative and judicial present situation of the crime of organizing disabled and children to beg, points out the repeated status quo of the crime, and explains the necessity to fully discuss it. Second, the composition of this crime is studied. The points of this paper is that the object of the crime is complex, all disabilities and minors under the age of14should be included in the criminal object, three or more persons are needed in the organizing behavior, and the word "violence" refers only to the physical force. Although the subject of the crime is general, the near relatives and guardians of the disabled and children should be recognized as a criminal only in the circumstances that the organizing behavior is particularly bad or leads to very serious consequences. The profit purpose is not required in the subjective aspects of the crime. Third, the judicial determination between the crime and other related crimes are discussed, such as the illegal detention crime, the deliberately assault crime, the buying abducted children crime and children abduction crime. Last, the current legislative defects of this crime are summarized, that is, the provisions of the criminal means and object’s scope are too narrow, and the provision of the conviction threshold is not accurate. According to the summary, the corresponding improvement recommendations are put forward. In the paper’s point, the minors above the age of14and the elderly should be brought into the behavior object of the crime, the criminal means should be modified to "violence, coercion, lure and other means", and the incriminate threshold of the crime should be plot guilty, not behavior guilty. It is also pointed out that in order to solve the organizing begging problem, it is necessary to improve the relevant legal system, to strengthen the moral and legal education, and to establish a sound social security system, in addition to modify the provisions of the criminal law.