Research On Cirme To Organize The Minors Into Violating Security Management Activities

In recent years,some lawless elements in society continue to organize and control theminors to engage in criminal activities,these acts not only seriously disrupted the social orderbut also caused damage to the physical and mental health of minors,very harmful to society.Inthe situation of lawless elements continue to organize the minors to engage in criminalactivities,China’s legislature on the basic of absorbing the views of jurists,criminologists andsociologists and other experts,in the"criminal law amendment (seven)"will have the Crime toOrganize the Minors into Violating Security Management Activities.Such a provision,not onlyconducive to the protection of the legitimate rights of minors,but also in the punishment ofcrimes,maintaining social order,it will play an important role.However,the existence of thecrime punishment is lighter,competing with other issues related to accusation.It have led tothis crime has some problems to be discussed in theory and practice,which is also the purposeof writing this article.This paper uses the inductive method,comparative research method to discuss thefollowing contents:The introduction part is mainly based on the research status of the summary of thiscrime,putting forward the legislation flaw which is worthy further study.Therefore,thesignificance of this paper is through the study of the crime,improving legislation,promotingjudicial practice,so as to more effectively protect the legitimate rights of minors and maintainsocial stability.The first part:the overview of the Crime to Organize the Minors into Violating SecurityManagement Activities.This part mainly introduces the legislative setting,the meaning ofseeking the behavior to criminalize.First of all,for more and more organizations minors totheft,fraud and other acts violating the administration of public security behavior,only to theorganizers to be severely hit,in order to curb such crimes fundamentally,which is also thelegislative background of the crime;Secondly,through the criminal law making clear aregulation on the organization and manipulation of minors acting illegal things,protect thelegitimate rights of minor smore effectively and maintain the stability of social order,also canmake up for the defect of the existing legislation,which is the significance of the establishment of this crime.The second part:the analysis of constitutive elements of the Crime to Organize theMinors into Violating Security Management Activities.This part mainly from the angle ofconditions of crime to analysis the legal characteristic of the crime.On the subject of thiscrime,the subject of this crime is general subject,which has over sixteen years of age percapita may constitute this crime subject.On the subjective aspect of the crime,the crime formcan only be intentional.What worth exploring are whether to include"for the purpose ofmaking profits"and the meaning of knowing.From the object of crime,this object is a complexobject,including the personal rights of minors and the social public order management.Thecontroversial is which should be the major object of this crime.This article believes that thepersonal rights of minors should be the major object of this crime.From the crime objectiveaspect,there are four aspects of the problem:the author believes that the behavior method isgeneralized behavior means,including the means of violence and non violence;the number oforganizers shall be three;violation of public security management activities not only includethe law cited,but also include other activities ruled in the October26,2012published"thepeople’s Republic of China Public Security Management Punishment Law"(hereinafterreferred to as the "Public Security Management Punishment Law");the identificationof"serious circumstances"should be based on the specific circumstances of comprehensiveand comprehensive the means,the number of organizers and other situation to identify.The third part:the judicial cognizance of the Crime to Organize the Minors into ViolatingSecurity Management Activities.Problems may be encountered in the judicial process.Thefirst is the boundaries of the crime.This paper thinks that the crime is offense of act,but withits social harmfulness,the organization behavior of plot remarkable slight,less harmful isexcluded from the criminal behavior.The second is the boundaries between this crime andother crime.This section mainly discusses the similarities and difference between this crimeand the Crime to Organize the Persons with Disabilities Minos Begging and this crime and theCrime to Organize Robbery.The third is special form of this crime.This part mainly solve theproblem of identification of common crime.The fourth part:the legislative defects and improvement of the Crime to Organize theMinors into Violating Security Management Activities.The focus of this section is the summary of the description and defects of this crime.The crime description does not make"serious"clearly defined and legal penalty is too light,which is not in conformity with theprinciple of suiting punishment.Therefore,this paper thinks that we should make clear thejudgment standard of "serious"and namely considering the organizers means whether isviolence,the age of the minors.At the same time,we should appropriate to increase the legalpunishment of this crime.