Study On Crime Of Organizing Minor To Violate The Public Security Management

Protection for the minors has been being a very important part of law-making works in China. As theunderage children belong to the relatively weak groups, protective penalty methods on juvenile delinquency,which mainly rely on Ernest instructions and take punishment as supplement, have been set up in bothPublic Order Management and Punishment Law and Criminal law. Unfortunately, with the betterunderstanding of law and fiercer pursuit of economic and relevant interests, some law-breaking people takeadvantage of the loopholes in the law to seduce the minors to engage in various unlawful activities, such asburglar, theft, robbing and cheating. This phenomenon has not only severely impaired the underage’sphysical and mental development, but also ruined the forming of sound social order. As no relevant lawclaims the concrete punishment methods, these black hands can not receive the penalty they deserve. Forthis reason, some penalty methods on the above behavior have been added into the Criminal Law Bill forAmendment (seven). But for many reasons, the crime is vaguely defined and its judicial application hastriggered great controversy. This thesis, based on the loopholes of the crime, analyzes some problems so asto make it play a greater role in practice. This thesis constitutes of three parts:It starts with the law-making on the crime mentioned above, analysis of its theory and application andthe domestic background on which the law is made. First, the thesis points out that the behavior is regardedimpersonal and it has exerted extremely bad impact on social order in many aspects. Second, the thesisanalyses the relevant laws and regulations for protecting the minors in the Mainland Law System in thehope of assimilating the advanced law-making technology.The second part，Based on the theory of crime constitution four elements from crime cuts and object,the actus reus and subject in-depth analysis, subjective aspect. The author first clear what the object isinfringing crime, and points out the lawful rights and interests of the minors as main object, the complexobject in this crime social management order for secondary object. Then, From the meaning of organizationbehavior, organizational behavior acts violating the administration of the object, the nature of violating theadministration three aspects of in-depth research. Finally, briefly expounds the main body of this crime andthe subjective aspect, points out that this crime for a particular purpose. The third part, the juicy section of the thesis, gets rid of the traditional way of analyzing the criminalcomponents but turns to combine the components and its application. First, this part explains theaccomplishment criteria of the behavior of seducing the under ages to crimes and proves that this behavioris the typical Incompletely Two-conduct Crime，and analyses the influence of judicial estimate fororganizing behavior on established standard. Second，Using the concurrence of criminal law theory,analysis of concurrence of this crime and other crime is committed, or involved in, or a combinedpunishment for several crimes, to facilitate this crime in judicial practice. Third, the thesis mainly analysesthe relationship between the prime culprit and the compliance as well as identify the range of joint offencebased on the age stages.The last part of the thesis reflects on some problems in accordance with the confusion incurred inapplication. The most alarming problem is that the correspondent penalty is too light. The thesis, based onthe modest and restrained principle in Criminal Law, proves the problem mentioned above which leads tothe overdone strike. As to this problem, here gives some law-making suggestions: law-making for the crimeshould be switched from traditional “behavior crime” to “plot crime”. In addition, the responsibilities forpunishing the crimes should be clearly allocated to each relevant departments. In addition, the author givesome suggestions on sentencing work.