Study On Crime Of Organizing Minor To Violate The Public Security Management

Minors are the hope of the country,the nation and the family,and all parties in society should create an environment conducive to the healthy development of mind and body.As far as legal regulation is concerned,in a good society ruled by law,the state should establish a legal system to improve the protection of minors.Since China is currently in the beginning stage of comprehensively governing the country according to law,in the legal system for the protection of minors,the connection between the various departmental laws has not reached a strict degree,and some criminals who are tempted by the temptations have taken advantage of the situation and organized minors.People carry out illegal activities such as theft,robbing,fraud and extortion,but they are behind the scenes to escape legal punishment.To this end,on February 28,2009,the "National Criminal Law Amendment(VII)" adopted by the Standing Committee of the 11 th National People's Congress added the crime of organizing minors to violate public security management activities.The definition is: natural persons deliberately implement the acts of theft,fraud,robbing,extortion and other violations of public security management activities,violation of criminal law,resulting in serious violations of the legitimate rights and interests of minors,and the normal social security management order is seriously disturbed.Through the comparative analysis of the domestic and international legislation on the crime of violating public security management activities and the investigation of the actual harm,the basic characteristics of this crime are revealed.The basic elements of this crime are revealed through the analysis of the two types of objects violated by the organization of minors in violation of public security management activities,the main manifestations of the objective aspects,the scope of the subject of crime and the subjective crimes.Through the analysis of the boundary between this crime and non-crime and the crime of abusing a child,the crime of organizing the disabled,child begging,illegal detention and other crimes,it reveals the key points that should be paid attention to in the judicial determination..Due to the insufficiency of the legislative model of this crime,there are some defects in the description of crimes,the serious standards of the plot and the statutory punishment.In addition,there has been no relevant judicial interpretation.Therefore,through legal analysis and personal thinking,some suggestions for improvement are put forward.This crime is beneficial in theoretical research and practical operation.