Interpretation Of The Word "etc." In The Crime Of Organizing Minors To Violate Public Security Management Activities

According to Article 262 of the Criminal Law of China,the crime of organizing minors to commit activities against public security management refers to organizing minors to commit activities against public security management like thievery,fraud,robbery,extortion.However,it’s been quite ten years since the institution of this crime,there are still some defects in the interpretation of the word "etc." in the theoretical study of this crime of China,which affects the applying of this crime in judicial practice.First,this paper argues the word "etc." from the linguistics and the status quo of legislation.In terms of linguistics,the word "etc." as an illustrative general term is usually interpreted as an incomplete list;legislatively,the sub-provisions involving the word "etc." in China’s criminal laws conform to "listing typical facts+ etc.+ generalization concepts".The interpretation of the word "etc." also needs to be linked to typical facts and generalization concepts.The second part of this paper discusses the interpretation rules and methods of the word "etc." in the criminal law.As far as the interpretation rules of China’s criminal laws are concerned,there are mainly the rules of legality and rationality.Regarding the word "etc." in the criminal law,it is necessary to comply with similar interpretation rules and substantive interpretation rules to ensure the rationality of the interpretation of conclusions.In the interpretation process,the literal interpretation should first be used to determine its most likely meaning and as a basis for subsequent interpretation,and then the objective interpretation should be combined to determine the reference factors for restricting the meaning,and then the system interpretation should be used to determine the specific restrictive standard to reach the interpretation of conclusions.When restricting the meaning of the greatest possibility,criminal penalties play a reference role.For the interpretation of conclusions,the punishability are usually required to ensure the rationality of the conclusions.The third part of this paper reviews and analyzes existing rules of the interpretation of conclusions in China.The shortcomings of China’s existing interpretation of conclusions are,on the one hand,the failure to correctly determine the most probable meaning of the word "etc." through the literal interpretation;on the other hand,the failure to find a suitable standard to restrict the most probable meaning.In the fourth part of this paper,after combining the relevant theories of public security science,the most likely meaning of the word "etc." of principal crime is defined as all actions that violate public security management laws and regulations except the four acts listed in the law.According to the purpose of interpretation,punishability is used as a criterion to restrict the meaning.Based on the punishability of principal crime,this paper believes that the meaning of the word "etc." in principal crime is differentiated according to whether the organization’s behavior is violent or not.Finally,the two meanings summarized by the word "etc." in principal crime are obtained through systemic explanation.The fifth part of this paper briefly explains the prosecution standards of principal crime based on the above interpretation of conclusions,hoping to provide references for future judicial practice and theoretical research.