Research On Judicial Determination Of Crime Of Gathering Crowds To Disturb Social Order

During the period of social transformation,mass incidents occurred frequently driven by group interest,disrupting the social order seriously.In order to govern mass incidents,resolve conflicts and maintain stability of social order,Criminal Law of the People's Republic of China(1979)stipulates the crime of disturbing social order and the punishment on acts disturbing social order.In Criminal Law of the People's Republic of China(1997),it was revised and the crime of gathering crowds to disturb social order formed.After that,Amendment to Criminal Law of the People's Republic of China(IX)included the crime of medical disturbance,which improved regulations of Criminal Law of the People's Republic of China.The criminal act,subject,result and legal punishment of the crime of gathering crowds to disturb social order have their own normative features.It is both qualitative and quantitative,compound and overt in behavior.Its result mainly features double results.In terms of subject,it has specific punishment objects and different applicable legal punishments.Therefore,the constitution standard of the crime can be mastered on the basis of clarifying characteristics in various aspects.The behavior pattern of the crime of gathering crowds to disturb social order is a combination of “gathering crowds” and “disturbing social order”.Among them,“gathering crowds” must meet the requirements for a certain number of people and scope.“Disturbing social order” has various means,including violent disturbance and non-violent disturbance.Social order refers only to the work order,production order,business order,teaching order,scientific research order and medical order of national organs,enterprises and institutions and people's organizations.In addition,“serious circumstance” in this crime is the requirement for the degree of the criminal act and does not cover the results,while “causing the relevant work to not be able to be carried out” and “causing serious losses” are the important conditions of the result.The two elements are in causal relationship and are indispensable in determining the crime.The crime of gathering crowds to disturb social order must be intentional subjectively,that is,the perpetrator knows that his behavior will cause damage to the normal activities of the relevant organizations,but hopes or allows the occurrence of harmful results.The purpose and motive of the crime don't affect the determination of the subjective crime.However,in practice,peaceful means should be adopted and collective disputes motivated by good intentions should be excluded from constituting the crime of gathering crowds to disturb social order.The crime subjects include ringleaders and active participants.Their crimes can be determined in combination with their roles,attitudes,degrees of participation,harmfulness of behaviors,etc.specifically.In regulations of Criminal Law of the People's Republic of China,there are many crimes similar to the crime of gathering crowds to disturb social order,including not only the crime of gathering crowds,but also the crime of instigation and the crime of organization.They are easy to be confused with this crime in terms of the crime subject,the infringed object and the way of behavior,etc.In order to determine crimes accurately,it is necessary to master the constituent characteristics of similar crimes and to clarify the differences between the important constituent conditions of similar crimes and those of this crime.At the same time,specific judicial demarcation of crimes can be carried out in combination with actual cases,in order to avoid errors in the application of the law.