Theory Of Mass Crime

Mass crime is a common type of crime in our country, although not all crime in foreign laws this concept,has a similar charges. In recent years, this kind of the social impact of the crime is more and more serious, moresomeone call it the "explosive", shows its harm. Therefore, in-depth and eager to study "group" crime appearsincreasingly prominent. All crime in the criminal law of our country, however, is not clearly defined, and alsodoes not have the clear concept in theory, all kinds of differences in the judicial practice to use performanceobviously, all of this to the normal of the judicial work caused great obstacles. In this article, the author focusedon all the basic theory of crime, in combination with judicial practice, in-depth discussion on the basic issue ofmass crime. The structure of this paper can be divided into three parts: the first part mainly congregatedoverview of crime; The second part analyses the congregated criminal justice; The third part on the view, theauthor analysis the current group and how to perfect criminal legislation defects.The first part of the contents of the main around how to define the mass crime. Group crime ischaracteristic of the crime in our country, according to its particularity, the author mainly from the masscrime concept, characteristics, composition, classification, as well as the status quo of the aspects such as.First, through the contrastive analysis of the domestic theoretical circle some mainstream view, what is themass crime, namely the mass crime is refers to the stated in the specific provisions of criminal law, underthe action of ringleaders in group behavior on the implementation of a special type of crime; Thenaccording to the concept of mass crime, put forward group crime has "statutory","group","ringleaders"necessary characteristics. Second, according to different classification criteria, the mass crime can bedivided into three categories: the pure mass crime, choice of mass crime, aggravated crime. Third, for allthe components of the crime from the object, objective aspect, subject, subjective aspect, four parts aresummarized. Fourth, from the aspects of both at home and abroad to analyze the general situation of thelegislation of mass crime.The second part of the content, focus on how to carry on the judicial cognizance of mass crime. Theauthor mainly from "the cognizance of the crime and the crime","increase the plot of" and "transformationto make the cognizance of" three aspects to study. So, how to judicial cognizance mass crime? First, be clear how to distinguish crime and is not a crime, the author thinks that to do "three distinguish", namely"to distinguish between the plot","to distinguish the subject","to distinguish the nature". Second, analysisall the aggravating circumstances of the crime in the specific provisions of criminal law by taking thenumber of mass crime, to implement the crime scope, scale, behavior, and whether participants armed toidentified all the deterioration of the crime plot. Third, about the transformation problem, the author firstanalyzes the transformation make the concept and characteristics of mass crime; Then all the typical of thetransformation of criminal offence "conversion affrays of crime" and all "looting" transformation made areanalyzed respectively.In the third part, has joined the author’s opinions and views, some group crime is discussed what arethe legislative defects, and combined with their own point of view puts forward some perfectingSuggestions. First, the mass crime is a bigger crime in our criminal law, but the legislative regulation ofmass crime related concept is not clear, leading to the current definition of theory and practice of masscrime is not the same, to accurately understand the connotation of the mass crime, correctly to carry on thejudicial application, creating obstacles. Aimed at this problem the author suggests in the legal concept ofthe "group of crime". Second, although the specific provisions of criminal law provisions about mass crime,most can clear all the crime and the ringleaders and the main responsibility of the active participants howcriterions for the conviction, but there are still a part of the provision of all the provisions of the criminalresponsibility main body is not clear, so the judicial organs in the trial of all crimes, the judicial personnelto the mass crime is not explicitly specified in the main body, cannot be accurately determined, that can’tcan be applied in judicial practice and is bound to cause adverse consequences. Aimed at this problem theauthor suggested that explicitly congregated in the specific provisions of criminal law criminalresponsibility main body. Third, although the specific provisions of criminal law for all "looting" this typeof crime adopted regulation means, but there are still unreasonable factors exist, the group "ringleaders" inthe "looting" crime,"active","general participants" how, criterions for the conviction has unreasonableplaces. For the lack of the author thinks that shall reasonably congregated criterions for the conviction of"looting" behavior, hope that the study of mass crime and judicial perfect some help.