Organizational Theory Commit

Organization made widely exists in the criminal law theory or implied in the specific provisions of criminal law general principles,. With the advancing of the society, the types and forms of organizing criminal and the punishment are constantly changing, in contrast, our country criminal law the provisions of organization to make the relative lag. Article is mainly on organization made paper summarizes the definition of the ancient and modern, Chinese and foreign, proposed the new organization make definition and make the related theory and organizations, and in combination with judicial practice, points out that in our criminal law regarding the loopholes, organization committed to loopholes perfect strategy.The first chapter is to make the definition of organization. "Organization" in the Chinese dictionary explanation is the leading, planning, leadership, thus can deduce the organizing criminal is play a leading role in criminal crimes. Based on "organization to make" list and comparison of the main theory, "said general type" more rationality is deduced. This is expanded the scope of the organizing criminal theory, not only limited to a criminal group ringleaders, also exist in normal joint crime organization.The second chapter through the two major legal systems in different countries for organizing criminal judicial definition and theoretical research, and make the organizing criminal form and range expansion, diversification of more. To different legal systems, different countries, the organization make a definition of comparative evaluation, make the theoretical research on the horizontal and vertical organization make further.The third chapter in view of the organizing criminal special form. Involves the organization crime number shape, combined organization made with series crime, involved crime, the relationship between solution in the form of organized crime number problems. And unfinished form of organization to make a complete contrast, list, puts forward the author’s point of view.Chapters, the fourth chapter is innovation combined with our country’s criminal law sets forth specific amendment to the organizing criminal, evolution of organizing criminal legislation in our country not only reflects the progress of criminal legislation in our country, but also reflects the shortcomings of the criminal law stipulation about the organizing criminal and defective. Through the analysis of specific charges in the specific provisions of criminal law, combining with the practice, to further lay a foundation for perfecting organizing criminal legislation and theory.The fifth chapter mainly put forward Suggestions for organizing criminal legislative work. To specific law evaluation is combined to and specific practice of organizing criminal form a solid and comprehensive understanding. To make the research starting point and the foothold, organization is to provide certain theoretical basis on our country’s legislative work, from the substantive law and procedural law put forward concrete Suggestions, for organizations in China make construction as the theory and practice.