On The Criminal Law Of Group Events

In recent years, the incident of group violence evoked people’s internal contradictionsincreasingly frequent, the group of its own, antagonism intense, serious social harm, hasbecome the unharmonious notes under the theme of constructing the harmonious society. Withthe crime of group events in more generalization and traditional administrative means andpolicy regulation under premise of anomie dangerous, be included in the adjustment scope ofcriminal law is urgent.The author found through literature retrieval, before2005, for the study of groupincidents mainly focused on the politics, social orientation. Since then, conducts the researchfrom the angle of law scholars began to increase, but from the point of criminal law researchis still very rare. Because of the special group violence have reason, participates in thediversity and complexity of the crime patterns，So how about the legal nature of the formaccurately, participants identity, behavior qualitative，and on the applicable criminal policyand principles of crime personnel and criminal discretion properly has become a major issueof the judicial personnel to clarify.This article consists of a preface and text, the text is divided into five parts, about Thirtythousand words, the main contents are as follows:The introduction part briefly introduces the origin of group events, trends, research status,research theory significance and the practical significance.The first part is a summary of the basic problem of group events and basic understanding.According to the recent theory about the proposed own view, And the feature analysis andclassification according to the recent frequent group eventsThe third part of the thesis is to analyze the main charge current group incidentsinvolving. Group events in the state of organized crime, the two often have some similaritiesin the subject, subjective, object, objective, Through the analysis of the normal gatheringcrime and non crime, the group events although not a professional legal term in criminal law,but the group incidents of crime are basically in the present legal subsection range.The fourth part of the thesis is about the cognizance of group incidents crime. Groupevents occurred on stage, can be divided into pre stage, stage, later stage. In judicial practice,advance stage performance on preparatory crime punishment, Later stages of the crime of criminal responsibility are screened and identified as deviant behavior in performance,distinguish the criminal act and the illegal act.The fifth part is the focus of this article, this part introduces the common crime problemin group events. First of all, the group events involved in the scope of subject was found,clearly what subject should bear criminal responsibility; Then, with the complicity theorycombined with the specific facts of the case analysis of group events in common recognitionprinciple, so that the relevant penalty according to the behavior of people; Finally, the authorattempts to make theory and the foreseeable principle, The organized group events and noorganization, no direct conflict of interest group events in practice over limit problem analysis,implementation of the "innocent no liability" theory.