The Research On Organizational Behavior And Leadership Behavior In Criminal Law

Throughout States criminal law, whether or not to recognize the special status ofthe organization guilty of complicity, organization, leadership behavior are conditionsattached to incriminate evaluation. The role of criminal law in mainland China-baseddivision of labor standards division of both types of prisoners, the impact of acommon criminal organization, leadership behaviors are collectively guilty ofcriminal law theory of organization, association to commit significantly different fromother types of accomplices, have the status of principal. Coupled with separate countsof criminal law will be a number of organizations, to implement the behavior ofleadership behavior. Two legislative options require accurate interpretation oforganizational norms of criminal law theory, the meaning of leadership behavior, clearorganization, criminal nature of leadership behavior and specific internal structure. Italso put forward the theory of the criminal policy of the following questions: whysome organizations, leadership behavior is a separate crime, and some organizations,leadership behavior is why, together with other related crimes concurrence? To thisend, the author under the relevant provisions of the existing criminal law and the spiritof the policy, summarized the organization, leadership behavior and the nature of theconcept, trying to answer the above theoretical and practical issues.The thesis is divided into five parts, a total of29,643words.The first part, a brief introduction of China’s Criminal Law continentalorganization, the concept and the nature of leadership behavior. First, with therelevant provisions of the Criminal Code and related research, in summarizing thecommon complex common crime, based on the distinction between the concept anddefinition of criminal organization. The so-called criminal organization, based on thesystem refers to the common criminal purpose, the establishment of communitybehavior, directing, coordinating the activities of the prisoners who. Secondly, definedby the organization to commit the organization expanded to criminal law, the conceptof leadership behavior. Since the organization is guilty of the general provisions of theCriminal Law, thus it is necessary to enter the criminal law, to further sort out certainspecific counts by other organizations, in the form of leadership behavior.Understanding of organizational behavior can be distinguished from the grasp of thebig life meaning and significance of criminal law two perspectives: organizational behavior called on the meaning of life, which means the perpetrator ’s behavior basedon the specific purpose of taking such solicitation, enticement, means to win overother acts scattered gather people or things simple act; organizational behaviorso-called criminal law sense refers to a particular offender taken around certaincriminal purposes, such as initiating, planning, development and other acts of meansaimed at the achievement with a considerable degree criminal behavior collection.The leadership behavior does not exist in the Criminal Code of the total (points) aresummarized differences, so leadership behavior can be defined as, according to theirown particular subject special status, so as to promote the behavior of the criminalprocess to achieve the purpose of crime taken. Again, on criminal law organization,leadership behavior type a brief description. Existing forms of organization,leadership behavior and the existence of the state of the complex and changeable, sothe type of behavior or criminal law positioned in mainland China has not become thesame.The second part, discussed the organization, according to a separate leadershipbehavior and type of sin. First, a clear case of legislation on the organization of theclass specification crime. In recent years, the legislative provisions on theorganization continue the rich class of crime in mainland China by way ofamendments to the Criminal Law, the scope encompasses content on charges ofcriminal behavior in tissue-specific patterns, mob, responsible for directing action byorganized crime ringleader crime and criminal "organization" type constitutedorganization although not reflected on the charges, but including in particular theprocess of implementing acts. Among them, the only tissue-specific pattern ofcriminal behavior as it relates to China’s mainland criminal law in14related charges,such as: organizing prostitution crime, the crime organization to sell human organs,tissues others to cross the (border) crime, disability organizations people, childrenbegging crime and so on. Secondly, organization, leadership pyramid schemes ofbehavior, organization of persons with disabilities, children begging behavior,organizational minors in violation of the conduct of the security managementactivities were discussed. Again, explain single organization, according to a separatecrime of leadership behavior, clearly distinguish between behavior and under suchcircumstances the traditional model, in a profound grasp of the behavior ofindividuality, change the spirit of legislation or policy to observe the criminal law tosome extent. The third part of the analysis of common crime organization, leadership behaviorof competing phenomena. The so-called acts of competing, but in reality means thatin the case of common crime, it means behavior or performance and organizationalbehavior, leadership behavior very similar like behavior. First, the distinction betweenthe organization, leadership behavior and abetting acts. Abetting acts were instigatedby people with urge to produce or enhance the function of the value of mens rea, inthe latter case, the organization, leadership behavior has some functional overlap.Furthermore, said on the organization before committing cognitive system yet, beenincorporated into the organization guilty of habitual instigator areas to be addressedbetween the two have deep roots, accurately distinguish the organization, leadershipbehavior and abetting acts, easy to grasp the common criminal case under the subjectof identity awareness. Secondly, the distinction between the organization, leadershipbehavior and implement behavior. Implementation of behavioral norms into thesystem refers to the evaluation of the behavior of constituent elements of crime.General in accordance with the criminal law on the organization of criminal normsspirit of joint criminal case under complex organization, leadership behaviorregardless of the nature of the behavior or the presence of specific forms of behaviorare obvious differences in the implementation, but this does not affect the behavior ofthe achievement of two specific criminal purpose performance on competing. Herethe organization, leadership behavior and the behavior of the implementation of singlecontrast, clarity complicated cases of common crime organization, independent of theexistence of the value of leadership behavior, while clearly the responsibility of theperpetrator.The fourth part, accept the double penalty organizational clarity, presence andleadership behavior Responsibility legitimacy. Organization, syndicate leaders andorganizational behavior, the behavior of the leadership of a terrorist organization israre in criminal law norms of acceptable behavior class double punishment, theperpetrator not only to pay for the organizational form of crime, but also for membersof the organization based on the organization implementation of specific crimes topay interest. Article view is different from some scholars advocate that the basis ofsubjective and objective criteria consistent accountable coupled to the secondaryinspection of criminal policy, legislative acts under the above circumstances theperson making the starting point for the evaluation of the two was not improper, thespecific process of Responsibility There is no real sense of repeated evaluation, but to suffer in order to reflect the substance of the main fair, perhaps we will be able toorganize, line deliberately reduced the leadership behavior of the independentevaluation accountable.The fifth part, the screening form criminal law organization, leadership behavior.Organizational, leadership behavior and the role of the state to extend its presencemore general behavior is more complex to implement, so its unfinished form only topay attention to grasp the different forms under the act itself is effectively terminated,but also to consider whether there is a subsequent extension of the role of behavior. Inthis special type of common crime, punishment type to distinguish between doublecomb foundation, were elaborated on the circumstances in each organization,leadership behavior to grasp the form is not completed. First, because of the specialtypes are defined as organized crime organizations conduct did not constitute acts areto be implemented as behavioral norms, standards of achievement behavior of suchorganizations and criminal groups is not complicated, so its unfinished form wedistinguish closely follows legislation the standard can be distinguished. Secondly,because the common crime in the role of organizational leadership behavior hasformed a considerable scale, a higher level of organization, so the organization whichled to distinguish between forms of behavior would not be completed at the same timegrasp the behavior of the termination of the behavior of the role of specificimplementation considerations behavior if there is a subsequent extension. Finally,accept the double penalty of organization, leadership behavior. Although theorganization, leadership Mafia behavior and the behavior of the organization, leadinga terrorist organization are acceptable behavior type double punishment, but todistinguish between the two forms is not the same. Combined with the provisions ofthe Criminal Code22,23,24,294spirit, there is no distinction between forms possibleorganizational behavior, leadership syndicate’s general situation. The behavior of theorganization, leading a terrorist organization, because the crime was committed actsof legislation clearly as spatial and behavioral processes of criminal law sense todistinguish itself naturally form.