Analysis On Identification Of Ringleader's Criminal Liability From The Gangsterdom Organizations Case Organized And Directed By Liu Yong

Underworld-nature organization has always been a threat to the social public order, and the root of the problem is the existence of its ringleader. The ringleader of underworld-nature organization has to assume harsher criminal liability, which is not only determined by the imputation principle of responsibility doctrine, but also a key position the ringleader holds in the organization. Where there is no crime boss, there is no underworld-nature organization. And that is the legal basis that the ringleader should "penalize according to all the crimes committed by the group". Legislation in our country about the criminal liability of the ringleader is not clear, and this paper analyzes respectively from two aspects, that is, the horizontal and vertical extent of liability through the case of the underworld-nature organization established and leaded by Liu Yong. In terms of the scope of liability, we must insist on the general orientation that the ringleader "do not need to take responsible for the deviation part of intentional joint crime", grasp the generality of intentional scope of the ringleader, and distinguish specific situations whether the ringleader was informed or not to solve the problem of presence or absence of legal liability. In terms of the degree of liability, we should follow the general principles of the criminal law on the sentencing and the basic theory of punishment to joint crime to distinguish concrete criminal characteristics and situations by the ringleader. And we should pronounce corresponding degree of criminal punishment according to the role of the ringleader and personal dangerousness in the crime as well as the causes of the crime. The scope and the degree of liability are like a two dimension coordinate, the lack of any one dimension can hardly locate the criminal liability accurately.The case of Liu Yong was a blockbuster case. Based on the analysis of reasonableness and legitimacy of criminal liability that the gangster Liu Yong assumed in the retrial, the paper holds that the scope of liability that Liu take is appropriate, but the degree of liability is biased. In the crime that determines Liu's life and death, that is, the case of causing death of Wang Xueyong by intentional injury, Liu did not play a major role in the crime. In this case, the immediate execution for Liu is heavy-handed. Therefore, judicial organs should conform to the existing related legal principles and rules, carry out rational and lawful analysis and judgment on the case, take all legal factors influencing ringleader's criminal liability into comprehensive consideration and eliminate the interference of other irrational factors in order to make accurate identification on ringleaders' criminal liability and achieve legal and reasonable verdict.