Thinking On Criminal Policy Of Mass Events

In recent years,with the deepening of the reform of China's various systems,various social contradictions and the division of interests are also intensifying,resulting in frequent mass incidents caused by contradictions among the people,the scale is also expanding year by year,confrontation and conflict is becoming increasingly intensified.Under the influence of the inertia thinking of "maintaining stability",some government officials are excessively inclined to the "political effect" of dealing with mass incidents,and often take administrative means to prosecute some of the criminal acts that touch on the criminal law.Such thinking and disposal mode is liable to lead to adverse social demonstration effect,and also violates the whole situation.To advance the basic strategy of governing the country according to law.The other part of the government officials are eager to treat by criminal means,some groups of rights-safeguarding acts caused by the lack of relief channels are also "one-size-fits-all" as a crime,excessive criminalization will intensify social contradictions.Therefore,in the intervention of mass incidents,criminal law must be neither absent nor offside.However,due to the legislative technology and other factors,some provisions in our criminal law are relatively vague,such as the mass incidents related to the crime are mostly described as "serious circumstances",for these vague provisions need to be further explained in the judicial,so that it can be applied to the specific.It is particularly necessary to guide the legitimacy of criminal policy in the process of clarity and concretion.Based on this,this paper attempts to analyze and study group incidents from the perspective of criminal policy.Firstly,it defines the concept,characteristics and development trend of group incidents,and clarifies the boundaries between crime and non-crime by considering the nature of group incidents in criminal law;secondly,it analyzes the status quo of criminal policy for group incidents in detail;finally,it aims at solving the problem.The lack of criminal policy principles and the deficiency of criminal legislation in group incidents put forward some perfect suggestions.Specifically,the text of this article is composed of introduction,chapters andconclusion,which is divided into three chapters,the main contents are as follows:The first chapter is about group incidents and group crimes.If we want to study the criminal policy of mass incidents,we should have a more comprehensive grasp of its concept,characteristics and development trend,which will help us to consider the classification of the nature of mass incidents.Firstly,from the perspective of criminology,sociology and political science,this paper enumerates the concepts and definitions of three representative mass incidents,but because of the different research angles,it can not be directly used as the concept of criminal policy of mass incidents.By referring to the above three concepts,the author defines the criminal policy of mass incidents.The concept is defined.Secondly,the characteristics and development trend of mass incidents in China are analyzed and summarized.The author summarizes its general characteristics as group,benefit,antagonism and harmfulness from the aspects of behavior subject,behavior motive,behavior mode and harmful consequence.In order to make the criminal policy play a forward-looking effect,the author summarizes the current trend of mass incidents in China into three latest dynamic characteristics: the complexity of participants,the organization of groups,and the influence of network media.Finally,the classification of the nature of group incidents and the consideration of guilt and non crime are considered.First,according to the time and limitation of criminal legal intervention in the process of dealing with mass incidents,it is divided into legitimate mass incidents,illegal mass incidents,criminal mass incidents,and according to different legal nature,corresponding to the negative,modest and positive policy in different states.Secondly,by analyzing the social harmfulness and criminal illegality of mass incidents,the author defines the crime and non-crime in mass incidents.It also analyzes in detail the definition of two key points: behavior subject and harm result.The second chapter is about the current situation of criminal policy of group incidents in China.The current criminal law has some deficiencies in the basic principles of criminal theory and criminal legislation to regulate mass incidents.First of all,this chapter analyzes and summarizes the principles of criminal policy in mass incidents.Because the existing criminal charges are difficult to cope with the diversity and variability of group crime,it is necessary to establish legal principles to make up for the "lag" of legislation.Therefore,in addition to the three basic principles of criminal law,we should also follow the corresponding principles according to the particularity of the mass incidents involved in criminal law.Secondly,it analyzes andsummarizes the deficiencies of criminal legislation in group incidents.The author summarizes the inadequacies into three aspects: first,the lack of criminal legal concept of mass incidents;second,the inadequacy of criminal legislation on rumor-telling and rumour-telling that lead to mass incidents;third,the inadequacy of criminal legal regulation on excessive group rights protection.The third chapter is about the criminal policy of group incidents.First,we should clarify the principles of criminal policy for mass incidents.From the perspective of realizing the unification of legal,political and social effects,and taking into account the characteristics of mass incidents involving sentences,the author establishes the principles of modesty and restraint,leniency and severity,timeliness and human rights protection,and analyzes in detail the specific application of the above four principles.Secondly,put forward relevant suggestions for improving the criminal legislation of group incidents.The first is to add the criminal law provisions of the concept of mass incidents under the criminal perspective,and to explain the "majority" and "serious disturbance of social order".The second is to define the concept of four types of "false information" in the crime of fabricating and intentionally disseminating false information.At the same time,the narrow scope of "false information" is discussed.The three is to set clear boundaries for the regulation of group rights protection activities.First of all,we should clarify the boundary of "illegal aggregation" in the nine additional organizations and the crime of illegal accumulation.Secondly,according to the principle of criminal policy of group incidents,we interpret the boundaries of "serious circumstances".