Study On The Organized Crimes In Criminal Law

Organization and organizational behavior are both commonly used in daily life and in criminal law,in the form of organizational,organized crime is an important component in the family of the kind of sin in criminal law.However,different standards in different organized crime decides the sin and the sin,it is of great significance.So,there will be three parts in this paper to elaborate the organizational behavior in Chinese criminal law.The first part is about the summary introduction of the organizational behavior in criminal law.Organization is the social entity with clear goals and preparation.Organizational behavior mostly exists in organized crimes.Organized crimes have two forms of expression,one has group nature,the other is regulated in criminal law in the form of the specific crime.Organizational behavior and organizing offender have a cross relationship,the crime which has been regulated in criminal law constitute the organizational behavior,the others constitute the organizing offender.Compared with lead,gather a crowd and abet,organizational behavior has its own features,which is very important in conviction.The second part is about the analysis of the judicial cognizance in organizational behavior.The organizational behavior and the helping behavior may be regulated in the same crime or not.There are three factors which help to identified the organizational behavior: the mode of action in organizational behavior containsviolence or not,the organizers and organizers can be single or not,the behavior is criminal,illegal or legal.which will impact the convictions and sentencing.The third part is about the adaptation to crime in organized crimes.Even in the same crime type,different crime has different sentence,so there should be different explanation of the organizational behavior in different crime.Because of the mode of action in organized crimes can not all be found in law,so under the premise of without regulation,belong to the text meaning and aim at a crime rather than a case,using the punishment to decide the crime may solve the problem.To the organizational behavior in a joint crime,the action by the organizers determine whether set up the crime or not.But in other crimes,there are two opinions.On responsibility,organizers undertake what kind of responsibility and whether constitute co-conspirators depends on their behaviors nature.