The Crime Subject And The Criminal Responsibility In Mass Crime

Mass crimes is group incidents excitation condition, it is the masses in take illegalgathering, containment, etc expression, request not free, has taken all in violation of state laws,regulations and rules, disturb the social order, thereby endangering public security, theinfringement of citizens’ personal safety and property safety of the company, which should bepunished by the criminal law regulation of the crime. Group crimes have group, violent andserious social harmfulness, is a kind of special criminal events. Then, the group crimes hasbecome the influence of the construction of a harmonious society in our country outstandingproblems. But the group crimes in criminal law applicable it is complex, mainly displays in:first, the crime group the cause of the event is complicated, it includes not only the interests ofthe participants to at the same time, including the national management in the process ofsocial problems. Second, to participate in a variety of subjects, and to participate in differentpsychological, implementation of behavior also each are not identical. Finally, group events incrime in criminal law is complex, including the SINS of the subject of crime and criminalbehavior. Therefore, how to determine the group crimes subject of crime responsibility andhow to become a criminal penalty discretion in the judicial practice problems.In addition to the introduction,this paper is divided into six parts, a total of19000words.The first part is the cause of action.The second part introduces the FengJie3.29causes and after the occurrence of massincidents, and process the results.The third part summarizes the FengJie3.29cases of mass incidents. Mainly concentratedin the form of tempering justice with mercy policy how to grasp the applicable in the specificcase, in the face of many involved in the main body, how to do, how to resolve social conflicts,the unification of legal effect and social effect.The fourth part analyses the group characteristics of the crime and the criminal lawapplicable situation, explain the process of mass crimes applicable criminal law ideas thatexist in the dispute.The fifth part combining FengJie3.29mass incidents for legal analysis. First of all,introduced the mass crime in the disposal of the criminal policy of tempering justice withmercy. Namely in the process of mass incidents should fully pay attention to the crime of the criminal policy; For although already constitute a crime, heavier punishment of the offender,but need not apply as far as possible to take from criminal punishment or avoid applicableimprisonment; For serious crimes, if the circumstances are flagrant crime should be punishedseverely, but shall be considered legal and discretionary given a lighter or mitigatedpunishment. Second, according to participants’ mental state, degree of behavior involved inthe main body are analyzed in typing. Performance in the group at the beginning and whetherto have clear understanding for the standard, group crime main body can be divided intounknown the truth, people have been bewitched and ulterior motives; To differentiate theparticipation degree of the mass incidents of crime, can be divided into the primary molecular,active participants and participants. With mass participation main body function andpsychological characteristics of different things as the standard can be divided into beginning,positive, preparation and bystanders. Again, compare the participation main body differentcharges apply. Mainly concentrated in the group hit rob criminal case, obstructing crimesituation and crime cases of illegal assembly, a procession or a demonstration. Finally, toresolve social contradictions as the foothold, from boundary points and crime and violationsof the law and mass incidents boundary points and processing of different types ofparticipants in the two point of view, analyses how to unified group from the perspective ofcriminal law criminal event handling of legal effect and social effect.The Sixth part puts forward the mass crime criminal law applicable limits Suggestions,for events of the mass crime is not using the criminal law regulation, even if the applicablecriminal law regulation does not mean the mass political interpretation and crime to thecriminal sexual vision to be treated. Specific limits applicable limits is focused on the natureof the event and participate in role limit both limits and the premise of group activities in thespecific applicable limits applicable limits, mass of the applicable limits and group crimecriminal law regulation limits the utility of three aspects.