On Different Punishment Of Mass Crime In China’s Criminal Law

Mass Crime is a special type in the criminal law in our country. Because itsfrequency of occurrence is lower than the other crimes, different mass crimedistributes in the specific provisions of the Criminal Law and it’s not form a unifiedagreement about its judicial application in academic and practical departments, so theacademics hasn’t been keen on its research of the Mass Crime, especially ondifference of its punishment, even cannot find some data directly. This paper tries totake this as a point, discussing some reasonable basis and significance of suchdifferences, for finding the theoretical basis for the rational application in the judicialpractice.Specifically, this paper is divided into three parts:The first part: it will summarize the problem about different punishment of MassCrime. This chapter will combine with the specific provisions of the Criminal Law,and it will be classified from two aspects,the different punishment and the differentstatutory sentence. Certainly, classification is a premise for finding the feature of thiscrime correctly, clearing its scope and subject.The second part: it will demonstrate different punishment of Mass Crimerationally. This chapter mainly discuss why have the differences, which bases on fouraspects: the difference of violating legal interests, victim’s fault, the necessity ofpunishment and prevention of crime and lightening penalty, for analyzing thelegislative and judicial meaning of punishment difference.The third part: it will introduce its practical usage. This chapter mainly analyzethe mass crime identified in judicial practice. In this section, Mass Crime will bedivided into three categories, which bases on different responsibilities existing,combining with typical crime in some specific cases, for reducing the identifyingprocess of crime in judicial practice.