The Criminal Law Limits Of Behavior Organizing A Mob To Disturb Social Order

Now, various interests are interwoven, social contradictions prominent, more and more people to groups of expression to express their demands, but the rally is often difficult to obtain legal approval, so in the form of usually have illegal. In practice, this kind of behavior is easy to use means of criminal law to deal with, such as "organizing a mob to disturb social order" the crime of conviction and sentencing. So the question arises: citizens of the right of assembly is one of the basic rights of constitution, but inferior the assemblies, processions and demonstrations "the indeed" too restrictive, and inadequate protection ", so in reality few get the approval of the assembly. The existence of this contradiction, but also for the subsequent problems buried the foreshadowing, is because the assembly did not meet the approval, will appear above the criminal law into the embarrassing situation of the low threshold for conviction. Therefore, on the basis of existing law, how to find the criminal regulation of the mob to disturb social order for the boundaries is very important. Full text of a total of more than 3 words, in addition to the introduction and conclusion, is divided into four parts:The first part: to disturb the social order behavior of dual contradiction. The abstract of the constitution is a basic right, which is a basic right. But as the lower law, the law of the assembly and the demonstration, it has denied the exercise of the right of assembly. The contradiction between the legislative level also affects the judicial practice, right of assembly by the assemblies, processions and demonstrations "too strict restrictions, not approved, so citizens can only use are not approved by the rally to express their demands. So, the criminal law is very easy to is dispatched regulation of this group of expression.The second part: analysis of the reasons to disturb the social order of judicial act of chaos. Legislative deficiencies: slogans of the constitution basic right, the assemblies, processions and demonstrations law laws and regulations strictly, poor legal effectiveness, "criminal law" to the right of the efforts to protect the weak, the constitutive elements of the crime of fuzzy. Judicial acquired dystrophy: legitimacy noncommittal on behavior, the abuse of discretion, over interpretation of "disturbing social order", criminal crime tool.The third part: the basic standpoint of criminal law to disturb the social order behavior. The ultimate goal of the protection order is to ensure the freedom and right of the people to be free from interference. The guarantee of freedom is the first place. The crime of assembling a crowd to disturb social order is set up to by limiting behavior of a few people guarantee the freedom of the majority of people, the order of protection must fully respect on the basis of freedom and human rights, at the same time, we should adhere to the legal nature of criminal law: strict application of the criminal law, because the group expression behavior with normal interest demands and causes the complexity of character, even in the development process of criminal characteristics, should also allow non criminal penalty shall have the priority. Take into account the criminal law "modesty" spirit to deal with, will get better social effect. In the punishment of the behavior of the behavior of people, should abide by the principle of balance between crime and punishment: not excessive applicable penalty.The fourth part: the standard of criminal law to disturb the social order behavior. Standard of criminal law to disturb the social order behavior mainly from the crime and punishment of limit standard. Need to pay attention to the standard of conviction is the object of the crime mob to disturb social order should be normal, legitimate social order. In the objective aspect, it is necessary to have an urgent and realistic social harmfulness, which must be beyond the limits of the society. "Serious cases" and "serious losses" need to be clearly defined. The subject needs to be entrusted by the masses of the people on the basis of the legitimate rights of relief. Subjective response purpose and motivation to strictly distinguish and limit, careful evaluation of the social harm, for the legitimate demands of the group expression behavior should be excluded from crime, most cases of public security punishment to prevent the abuse of local government retaliation in the name of law of public power. At the same time can introduce illegal by social relief. With the social legitimacy of self-help behavior must meet the following four conditions: object element is the relief act to protect the object must be legitimate rights and interests; precondition is legitimate rights and interests by real damage or potential harm, but not to the public relief; requirement is social self-help relief must take permitted by law, that is to say, the relief means must have legitimacy, legitimacy; the purpose of the elements is social self-help relief must is to the legitimate rights and interests to obtain relief. At the same time, the application of the principle of victim fault also found the basis for the crime of the group expression. Due to the victim's previous behavior existence fault, should not increase adverse to the defendant of interpretation in the application of the law, the fault of the victim can influence behavior in violation of the law of the stage of qualitative, the criminal law can not be unreasonably expand the scope of punishment. The penalty limit, should be strict with leniency, distinction, moderate application of decriminalization and depenalization.