Research On Crime By Gathered People

The concept of Crime by gathered people initiate comes from the criminal circle of theory of China. As a major type of crime, it is regulated in the general provisions and the special provisions of Criminal Law. But in our country, the issues on Crime by gathered people are different each other. The article began with the analysis of Crime by gathered people, and then discussed thoroughly the basic problems of Crime by gathered people in order to making the study to Crime by gathered people with the cognition of science more completely.This essay, totally more than 35,000 words, consists of 3 parts, as follows:Partâ… is survey of Crime by gathered people. The author firstly introduces the legislation of Crime by gathered people in and outside China, then compares the different issues on the concept of Crime by gathered people, then introduces the view the concept of Crime by gathered people of the author. I analyze the concept of crime related areas. This discourse get across to compare for criminal law of the continental legal system country and area about essential complicity and criminal law's theory of our country about essential complicity, point out criminal law's theory of our country falsely comprehend about essential complicity, then result to certain contradiction exists between the concepts in "complicity" and "essential complicity", bring forward Crime by gathered people belongs to essential complicity; Crime by gathered people is not multi-act crime.Partâ…¡is the body of Crime by gathered people. This part includes three contexts in detail. The first context is characters of Crime by gathered people. The second context is classification of Crime by gathered people. The author thinks Crime by gathered people should be put in the concept of functional essential complicity and classify various criminal punishment rules referring to Criminal Law for these Crime participators. The third context stresses on the four essential elements of Crime by gathered people and deeply explaines the relationship between ringleaders and main criminals, the lawmaking mechanisms and contents, and the common criminal intentions of the Crime by gathered people. The common criminal intentions should include two parts: the common criminal intentions of ringleaders and the common criminal intentions among ringleaders, active participators, and general participators. As a whole, it's different from the common criminal intentions of other any common criminal. The author discusses integrants of Crime by gathered people detail. And the author focuses on the relations between the ringleaders of Crime by gathered people and the principal offenders of the joint crime and compares the different mechanism and intentions of ringleaders and principal offenders, compares the mens rea of Crime by gathered people and one of free complicity, defines the "gather". The "gather" is not a behavior but a objective sitution used to obscure the criminal wide.The last Part is about the criminal form of Crime by gathered people. In this part, the author discusses the ceased form of Crime by gathered people, mainly analyzes the form of completed offense, prearrangement offense, abortive offense and suspend offense. At the end, the essay analyses transformed offence of concrete Crime by garthered people from the lawmaking aspect, applies theory in legislation through uncoding current Criminal Law rules, and deepens understanding of relative principles of Criminal Law.The second clause of No.292 in the Criminal Law has the same flaws when understood as transformed offence or imaginative joinder of offence. Under the precondition of causing heavy injury or death, the behavior, with the intention for garthered fight during the whole process, is in imaginative joinder of offence; if his intention for garthered fight is transfomed to intention for causing heavy injury or death, it is transformed offence. Finally, the conclusion that the author have made is: The second clause of No.292 in the Criminal Law includes two cases: imaginative joinder of offence or transformed offence. Should transform and declare the ringleader guilty, depend on concrete conditions. The actor who do not satisfy the subject terms can't transform declaring guilty. Gather a crowd for "beating, smashing and looting" of No.289 in the Criminal Law is not transformed offence.