论我国刑法中的聚众犯罪

The Statement of Assembling a Crowd to Commit a Crime of the Criminal Law of China

聚众犯罪是指我国《刑法》明文规定以聚集特定或不特定多人进行违法犯罪活动为构成要件的犯罪。我国《刑法》共用11个条文规定了14个聚众犯罪,其中大多数聚众危害社会是构成犯罪的必要条件,少数是该罪的选择行为要件。聚众犯罪的主要特征有法定性、聚众进行、实施的是复数行为等。从犯罪形态上看,聚众为着手,实施具体违法犯罪活动为既遂。它与煽动犯罪、教唆犯、组织犯、首要分子既有联系又有区别,与组织犯部分交叉重合。聚众犯罪的一罪数罪标准在于行为个数、数行为之间是否牵连、牵连时定一罪是否能体现罪刑相适应。

Assembling a crowd to commit a crime is the crime that assembles special people or random people to commit a crime which has been formulated by the criminal law of China. There are 11 clauses which regulate 14 kinds of assembling a crowd to commit a crime in the criminal law, most of them are the necessary conditions for crimes and a few of them are the choice behavior condition. The characteristics of assembling a crowd to commit a crime are： it is prescribed by law, the crime is commited plurally, the purpose of assenbleing a crowd is to commit a crime which shall be accomplished offense. Assembling a crowd shares similarities with the crime of agitation, the crime of instigate, organization criminal and chief culprit and has the superposition with organization criminal. The criterion of the crime are ： the number of the participants, the implication among several activities, and whether it is compatible to convict when they have implication.