The Organization Committed

As instigator and accomplice, ringleader is one type of separate criminals. In our country's criminal study, profound and comprehensive studies have paid on the instigator and the accomplice ,but on ringleader is still an untouched field. This make it disadvantage on our country's joint criminal theory .On the light of studies on the instigator and accomplice at home and abroad , this thesis do extensive ,systematic and profound study on the ringleader.This thesis has six parts:Part One: The Inspect on the History of Ringleader In this part ,I reviewed ringleader's history in our country ,some western countries and some socialism country ,and drew a conclusion that in history ,our country had the same or similar concepts of ringleader ,but in western countries ,they had no such concept. Ringleader is one type of separate criminals in some socialism country.Part Two : The Definition of Ringleader In this part ,I explained the concept of ringleader firstly, then studied the criminal group, and at last paid emphasis on the classification of ringleader, I inspected the principal Continent Legal System countries on it. After comparing with the offender, instigator and accomplice. I drew the following conclusion: because of the ringleader has greatly differential with the other three criminal types. And should be separated from them. On the basis of inspection on the nature of instigator and accomplice at home and abroad, I considered that as the nature of instigator and accomplice, the nature of ringleader also has diploid nature.Part Three: The Constitution of the Ringleader In this part, I studied the ringleader's action and its intent. On the ringleader's action, I studied its organizing, plotting and directing action. On the ringleader's intent ,I studied the elements of the ringleader's recognition and will. After that I studied the causality of the ringleader.Part Four: The special status of Ringleader In this part, I discussed the suspended situation and crime quantity of ringleader. On the suspended situationof ringleader, I studied the criminal preparation, attempt and discontinuation of ringleader. On the form of crime quantity of ringleader, I paid emphasis on types of one crime.Part Five: The Identification and Criminal Responsibility of Ringleader On the ringleader's identification, it involves three problems and I discussed them in detail. On the ringleader's criminal responsibility ,1 defined the range of it and pointed out the defects in our country's criminal law about it.Part Six: The Legislative Consummation of Ringleader In this part I summarized the conclusion drawn in the former parts, and at the same time pointed out the defects of our country's criminal law on ringleader, then put forward to an legislative scheme.