组织未成年人进行违反治安管理活动罪立法重构

与组织残疾人、未成年人乞讨罪相同,组织未成年人进行违反治安管理活动罪也是侵害人身自由和安全的犯罪。这两种犯罪的客观方面均可以表述为＂掠取、诱拐＂的行为,而且有必要将上述两种犯罪目的犯化。总之,上述两种犯罪均属于短缩的二行为犯。只有把这两种犯罪作为短缩的二行为犯规定,才有利于实现保护未成年人人身自由和安全的目的,有利于犯罪的类型化,有利于确定既遂与未遂,区分罪数关系。

The Legislative Reconstruction of the Crime of Organizing the Minors into Violating the Public Order Administration

Like the crime of organizing the handicapped and minors into cadging,the crime of organizing the minors into violating the public order administration is a crime infringing the minors＇ personal freedom and security.The objective constitutional elements of the two crimes mentioned above can be formulated as‘kidnapping or abducting＇.It is necessary that the two crimes previously indicated should be converted into the crime of intent. In a word,the two crimes mentioned above belong to the crime of incompletely two-conducts.Only if the crime of organizing the minors into violating the public order administration is stipulated as a crime of incompletely two-conducts,it is convenient to realize the intent of protecting the minors＇ personal freedom and security against the infringement,categorize the crime,confirm the accomplishment and attempt of the crime and distinguish the quantity and the crime.