论聚众犯罪的概念和法律特征

Discussion on the Concept and Legal Characteristic of mass crime

聚众犯罪是我国刑法独有的概念,它是刑法分则明文规定的,在首要分子的作用下以聚众的行为方式实施的一种犯罪类型。聚众犯罪具有法定性、"聚众"性、"首要分子"必备性等三个必不可少的法律特征。根据聚众犯罪的内涵,其外延应当是确定的,我国刑法规定的聚众犯罪包括纯正的聚众犯罪、选择的聚众犯罪和加重的聚众犯罪等三种共计19个罪名。

The mass crime is the unique concept in China＇ s criminal law and defined explicitly by criminal law that it is the kind of crime committed by a assembled crowd functioned by some leading elites. Mass crime has three essential legal characteristics;it can be determined by law;it is often committed by crowds;leading elites are essential. Its extension should be certain auording to its connotation. The mass crime regulated by China＇ s criminal law should include pure mass crime, selective mass crime, and the mass crime at home, 19 auusation in total.