Researching On Organizating The Disabilities And Children

The phenomenon of begging has existed in China since ancient times, and with thedevelopment of society, professional beggars cpmes into being in our country. They do notrely on begging to survive but to get more economic benefits, and to do so they organize andcontrol some vulnerable groups to beg. This activity is not only an aggression upon thepersonal rights of vulnerable groups, but also an endangerment of the management order ofour public security. Based on the above, the Criminal Law Amendment (Six) includes thecrime of organizating the disabilities and children to beg, the addition of which does not onlyhelp to protect the legitimate rights and interests of the disabled and children but also helps tobuild a good social environment. With the implementation of the Criminal Law Amendment(Six), some problems concerning this crime have arisen during judiciary verdict, and alsoproves the flaws of legislation. The present thesis attempts to make a profound study of thecrime of organizating disabilities and children to beg, aiming to improve the criminallegislation, strengthen crime lawmaking and safeguard the legitimate rights and interests ofthe disabled and children. In this thesis, the present author elucidates the elements of thiscrime: the objects Infringed by this crime are the personal rights of the disabled and thechildren, morals of society and public order; objectively speaking, it performs as a behavior oforganizing the disability and children to beg by means of violence and threat; the subjectivityis the ordinary subjectivity, who can be the custodian but not the company；subjectivelyspeaking, the organisors’ intension underlies the crime. In judicial practice, it is worth specialattention to the boundaries between the crime and non-crime and the boundaries between thiscrime and the crime of intentional injury, illegal detention, the crime of child abduction, thecrime of ill-treatment and the crime of buying the abducted children. This crime is confined tothe field of behavior crime, which means that the crime committing accomplishment requiresnot only the doer’s organizing the disabled people and the children via violence and threat butalso the organized people’s begging. This crime can also apply to the common crime, whichcan be arbitrary common crime, and therefore the principal offender, an accomplice, coerced offender and instigator should be strictly distinguished in the judicial practice. To thelegislation lack concerning this crime, the author of this thesis proposes that the elderly andthe youth between14years old and18years old should also be put into the circle of target ofthis crime and that the objective activity should not be confined to violence and threatexclusively but should include “hire”and “abduction”.