Study On Organization Of Minors For Violating The Management Activities Of Crime

In2009,"Criminal law amendment (7)" set up the organizing minors to violating the management activities of sin,which is of great significance for preventing such crimes from the source, protecting the lawful rights and interests of minors and maintaining social order. Because this crime is a new crime, the lack of relevant judicial explanation. No matter theoretical research itself, or practice to the theory of feedback, there are many arguments. Now still remain in the study phase of this crime, the judicial organs on the behavior of this crime, crime constitute the understanding of the aspects such as controversial, at the same time, the expression of this crime charges are abstract. In practice, there may be indirect crime, the instigator, joint crime, crime form problem such as the competition with other charges. This crime legislation pattern also shortcomings, and other laws of cohesion is also flawed.In this paper, through analysis of the constitutive requirements of crime, this crime form, summing up the main arguments of this crime. Find out the insufficient this crime’s legislative and judicial problems, put forward perfect measures, in order to contribute to this crime judicial application.First of all, this paper expounds the organization crime minors to violating the management activities of constitutive requirements in the existing problems. This crime are complicated, which main object determines the crime’s criminal law section location, this crime in criminal law in the fourth chapter, the main object should be the personal rights of minors; The objective aspect of this crime, theft, fraud, robbery, extortion, is only the disobey action of public security management activities of four common list; The diversity of the organizational behavior of this crime, includes compulsory, also includes non-mandatory means; The subjective aspect of this crime, the offender does not have to for the purpose of making a profit.Secondly, this paper expounds the problems this crime form. Using the concurrence of criminal law theory, analysis of concurrence of this crime and other crime is committed, or involved in, or a combined punishment for several crimes, to facilitate this crime in judicial practice. Through the analysis of different age stages of the implementation of the juvenile behavior, and organizational behavior person is a common crime or indirect crime, further determine the organizers and the organizers of their criminal responsibility according to law, to protect the legitimate rights and interests of minors. Analysis of this crime stop form, to facilitate the judicial application of this crime.Finally, this paper expounds the deficiency existing in this crime and the perfect measures. This crime and other laws lack of coordination, should follow the austerity of criminal law, perfect the coordination with other laws; This crime is behavior, behavior legislation mode have led the crime into the sin threshold is too low, can instead of the plot committed, raise the threshold into sin; The cognizance of this crime is serious lack of clear standards, shall be clear.