Research On Several Issues Of Crimes In Organizing The Disabled And Children Begging

With the development of economic society in our country, the number of beggarshas been increasing rapidly instead of decreasing. And the purpose of begging hasbeen changed from "surviving" to "profiting". Driven by interests, the behavior oforganizing begging has become increasingly more and more serious. It is the first timethat the crime of organizing the disabled and children to beg has been added to PRCCriminal Law Amendment (6), which plays a vital role in cracking down on the crimeof organizing begging and better protects the legitimate rights and interests of thedisabled and children. The provision of Article262of the criminal law,"by violence,coercion to organize the disabled or minors under the age of fourteen to beg shall besentenced to a fixed-term imprisonment or criminal detention less than three years,and concurrently be fined; For cases of a more serious nature, punishment shall beimprisonment of over three years and less than seven years, and a fine." Obviously,this crime aims to punish the behavior of organizing the disabled and children to begby means of violence and coercion. However, in view of the present situation oforganizing begging, the criminal law is limited to cracking down the behavior oforganizing the disabled and children to beg by means of violence and coercion, whichis far from enough. This paper summarizes the existing research results as well ascombines with real cases by means of comparative study and inductive analysis toconduct the thorough research of the crime of organizing begging. On the basis of theabove, the author also demonstrates personal opinions, striving to make the crime provision in the criminal law to be more in line with the realistic need of crackingdown the crime of organizing begging, thus making a modest contribution to theimplement of legal function..This paper is divided into four chapters in addition to the introduction:The first chapter is about the overview of the crime of organizing the disabledand children to beg, including both the legislation reasons and the strict legislation ofthis crime. By the analysis of the cause of this crime and the summary of itscharacteristics, it is necessary to make the regulation in the criminal law. Meanwhile,the chapter introduces the birth process of this crime. From the draft to the finalrevision, we can clearly see the legislative intent of lawmakers and the uniquetolerance principle in the criminal law.The second chapter is mainly about the strict serious interpretation of thekeywords in this crime. The keywords of this crime are organization, the disabled,children and begging. Through the deep analysis of these keywords, we can find thatevery word has its particular connotation and denotation in this crime. First of all, theterm "organization" in this crime means control, planning and command. As long asthe offender implements one or several of them, it will be identified that the offenderimplements the organization behavior of this crime, and the object of the"organization" should neither include one person nor three or more persons. There isno specific time requirement of the "organization" behavior. What’s more, regardingthe begging behavior, the punishment object of this crime is the organizationalbehavior of the organizer, but the organizational behavior points to the beggingbehavior. Therefore, only organizing the disable and children for begging mayconstitute this crime. So it is indispensable to grasp the meaning and way of beggingcomprehensively. Based on the research of the two special begging forms, the authorfound that no matter what form of begging is, there is no effect on the establishmentof this crime to the organizers. Finally, through the study of the concept and scope ofthe disabled and children, the author found that both the disabled with full conductingcapacity as well as infants and young children under6years old should be protectedby this crime, and should belong to the category of "the disabled, children" in this crime. So the criminal law deserves to protect the group.After interpreting each keyword of this crime, the third chapter begins to seeksolutions to problems of the judicial cognizance and application. First, it studies thedominant position of the guardian in this crime, which will be concluded according tothe legal principle of the law, the original legislative intent of lawmakers and the realcases in judicial practice. In other words, the guardian can become the subject of thecrime. In addition, the author discusses three kinds of guardians involved in thejudicial practice who organize children for begging. One kind is that parents forceminor children to beg. Another two kinds are that minor children are leased or sold toothers by their parents to be engaged in begging. Through the analysis of theproperties of the above three kinds of behaviors of parents, the discussions about thecrime of abuse crime, abandonment crime and concurrence of child trafficking crimehave been aroused, solving the cognizance and application of the three kinds ofsituations in judicial practice. After finishing the researches of the subject, we begin tostudy the object of this crime. The object of this crime is demonstrated by means ofviolence, coercion to organize the disabled and children to beg. Among them, violenceand coercion are behavioral means. It is important to clarify the relation betweenbehavioral means and purpose means to convict the organizer in judicial practice.There are lots of violence crimes in the specific provisions of the criminal law, withmany kinds of crime by means of violence and intimidation. Therefore, it is difficultto accurately identify the means of violence and intimidation in this crime. Throughthe analysis of the scope, object and degree is beneficial to the accurate understandingof this crime and the cognizance in justice practice. Following the research of thesubject and object, another difficulty is the cognizance of "severe violation" in thiscrime. Severe violation is divided into constitutive requirements and upgraderequirements. Obviously, the severe violation of this crime belongs to upgraderequirements. In the criminal law, the specific provisions about the severe violation ofupgrade requirements on statutory sentence are explained by the judicial interpretationlater instead of being directly stipulated. So before issuing relevant judicialexplanations of this crime, it is quite essential to define the severe violation of this crime. At the end of the third chapter, the author attempts to solve the concurrenceproblems of "organization cheating" behaviors and fraud crime in the judicial practice.Through the interpretation of the begging behaviors in the second chapter, falseactions can be included in the begging behaviors. That is the behavior of cheatingbeggars. But because the nature, types and methods of begging have no effect on theestablishment of the crime of organizing begging, the relative research is notdiscussed in the second chapter but in the study of difficulties of the third chapter.Through the analysis study of the legislation and justice in the crime oforganizing the disabled and children to beg, the author found that the legislativedefects of this crime. So the fourth chapter is about the strategies of the legislativedefects in this crime.The law has hysteretic nature, but no law could be perfect. In judicial practice,there will be a new way of criminal behaviors and means at any time. Criminal law,which is considered as the strictest law, should keep its tolerance principle andpowerful deterrent effect. As a researcher of the criminal law, what I should do is notto create or amend the law as a legislator, but to make a deep study in every provisionof the criminal law and solve the new actual problems better from the perspective ofjudicial cognizance and application.