The Research On The Criminal Regulation Of Non-conglate Looting

In recent years,non-Conglate looting has occurred frequently in various parts of the country,which not only caused great damage to the victims of the incident,but also the social order of the incident area.Contrary to the multiple trend of such events,the current lack of regulatory means for such incidents is significantly lacking and the existing means of regulation is obviously insufficient,resulting in non-conquering looting behavior "more and less" situation.This situation through the mass media information dissemination,further fermentation in the community,causing a lot of adverse effects.In order to overcome the current dilemma of the regulation of non-conquering lengthening behavior and curb the spread of bad social influence,we need to study the non-agglomeration looting phenomenon,on the basis of clarifying its connotation and the criminal law,Such acts are regulated.This article discusses this as the idea,the specific content includes five parts:The first part is the formulation and analysis of the concept of non-agglomeration looting.This part first proposed the concept of "non-agglomeration looting",that is,in the absence of organizational leadership organization planning,by three or more people at the same time,the same place without conspiracy to gather and at the same time The act of coaxing and robbing others,the amount of money or the behavior of other serious circumstances.Then,from the concept,the author analyzes the characteristics of the non-agglomeration looting phenomenon,and finally discusses the difference with the relevant category,and points out that the non-agglomeration looting is unique,which is different from the looting behavior,the snatching behavior,the group event,Constitute a common crime.The second part is the analysis of the position of criminal law regulation of non-agglomeration looting.This part mainly discusses the necessity and feasibility of using criminal law to regulate non-conquering looting.First of all,it puts forward the necessity of using the criminal law to regulate the non-agglomeration looting phenomenon,and from the non-conquering type of looting behavior of the high incidence of the current situation,the current administrative penalties to regulate the powerless and non-crowded looting behavior has serious social harm three aspects The argument.Secondly,it puts forward the feasibility of using criminal law to regulate non-salaried looting.It is proved from the basis of social public opinion basis,theoretical analysis and realistic norm.The third part is the delimitation of criminal law boundary.It is the basis for the criminal law to regulate the behavior of such acts.In this part,it is pointed out that the use of criminal law to regulate non-conquering looting needs to adhere to the "last resort principle",and then put forward a reasonable way to delimit the boundaries of criminal law,that is,from the limitations of the crime and the main limit Reasonable delineation of criminal circles.The fourth part is the realization of the criminal law regulation of non-conquering lashing behavior.Based on the previous analysis,this part explores how the criminal law regulation of non-conquering looting is realized in our criminal law.First of all,in the analysis of the legal interpretation,another new law and modify the old law to achieve the advantages and disadvantages of the three ways,proposed by the existing criminal law Article 283 appropriate changes to achieve the non-conquered type of criminal law regulation.Advocates should be further from the re-set charges,modify the provisions of the crime of 283 and adjust the legal distribution of three aspects of the existing laws and regulations to improve the provisions of the Criminal Code Article 283: looting public and private property,the amount of large or There are other serious circumstances,the first molecule,at the criminal detention,control,single or fined;for the primary elements and actively participate in the following three years imprisonment,criminal detention or control,and fines;huge amount or other Especially serious circumstances,the primary elements and actively participate in,at three years to ten years imprisonment,and fined.The fifth part is the other necessary means to regulate non-conquering looting.This part of the main body from the perspective of criminology,advocated the use of comprehensive means of non-clash-type looting behavior regulation,proposed from the prevention start,the establishment of rapid police mechanism to strengthen the pre-looting prevention;strict administrative penalties apply,timely control looting development;Regulate media coverage,to prevent behavioral imitation.