Research On Several Controversial Issues Of The Mass Crime

The reason is more concerned about the reputation of "explosive crime," said the mobcrime originated from the concern of China in recent years over the continuous occurrence ofmass incidents. There are more important influences, such as occurred in2008in GuizhouWeng ’an "6.28event", Yunnan Meng ’lian "7.19incident",etc; In2009Jilin Changchun "7.24Tong Steel event", Guizhou Guiyang "11.27violent demolition event",etc; In2010An hui"Ma an shan6.11events", Zhang ’jia ’gang city’s hospital "11.28hanging Water gate incident",in Jiangsu province etc. Mass incidents, although different mob crime, but in a broad sense,we can say that the mob crime is an important part of the mass incidents. More in-depth studywill not only help the mob criminal behavior and general group sex, how to correctlydistinguish the striking surface to prevent improper expansion of criminal law, but also for thebetter in the context of multiple mass incidents of mob crime protect people’s lives andproperty safety and to maintain social harmony and stability, and provide a strong backing.This paper is divided into four parts, namely:One, mob crime Overview. In this part, the author first Legislative History of mob crimecombing initially indicated that the number of sub-rules of mob crime. Various theoriesproposed by scholars define the legal concept of "inciting crime", the author intend from theperspective of the functionality necessary accomplice and connotation of mob crime to bedefined.Second, the mob crime behavior patterns and the main criminal responsibility. In thissection, the author believe that the mob crime patterns of behavior problems, has the behaviorof complex. Patterns of behavior can be summed up in group behavior+direct harm behavior.Based on mob behavior and direct harm behavior analysis, the author carried out a detailedanalysis of how to understand the "poly" and "minority". Then, the main question of thecriminal responsibility of mob crime, the author of the "ringleaders","active participants(similar has participated in, the use of violence or threat of participants)","generalparticipants," meaning, respectively defined. Especially focus on the "ringleaders" tore-examine the mob criminal ringleaders and principal offender relationship.Three, mob crime issues of convertible guilty. In this section, on the basis of the scholarsof the different understandings of the concept of convertible guilty, the author transformed the meaning of mob crime committed concept defined. Then the author analyzed thetransformation on the basis of the transforming crime. In three transformed basis based on theauthor draws that the mob crime of conversion to constituted according remains is whethertransformation-the crime. The academics said that the applicable paragraph2of Article292of the Criminal Law, is a mob crime case in transforming committed. Analysis by the authorof that paragraph nature, however, the author think that the understanding of the subsection isto distinguish between the two cases. When the paragraph belongs to the imaginative joindercircumstances, there is room for transforming crime. Then the author convicted a moredetailed elaboration about the problem of damage caused by side with the injured partytransformed. Finally, with regard to the provisions of Article289of the Penal Code "inciting’vandalism’" can be transformed into the problem, the author believe that the first half ofparagraph belong to the note provisions, after half belong to the legal fiction. The authorbelieve that the paragraph "bodily injury, death" should makes two different interpretations, inone case for transforming guilty of room, therefore, subsection can be applied intotransgression, and can not be generalized.Four, the defects in the legislation and suggestions for improvement. In this section, theanther pointed out our mob crime existing defects in the legislation, for example, thelegislation failed to make a the mob crime of concept defined; boundaries between the sin andthe sin is not clear; expressed in the behavior of some of the crime there is a conflict and somethe main responsibility of sin there is missing, non-standard state. Looking for a good cause,an antidote against the disease.Therefore, pointing out the defects in the legislation, the authoris given the suggestions for improvement at the end of a small part, hoping for the futurelegislation.