关键词: 组织行为, 领导行为, 共同犯罪, 犯罪集团, 黑社会性质组织

Abstract:

Leadership and organizational behavior，a special behavior type of offense types characteristic of both perpetrating
act and non-perpetrating act according to the Criminal Law of the People’s Republic of China，not only influences identity
definition and legal responsibility of the subject of the special types of accomplices in the general provision of Criminal Law，but
determines the criminal constitution of specific crimes in the specific provisions of the Criminal Law. Therefore，it is necessary
to give systematic attention to the complication of such behaviors. By combing through the 452 accusations in the Criminal
Law，the author finds out dozens of accusations of various types of leadership and organizational behavior. The basic concept
of criminal behaviors falls short in the determination of leadership and organizational behavior as there lacks a clearer definition
of the connotation of specific behaviors. The conviction of leadership and organizational behaviors as specific crimes changes
the traditional nature of such behaviors. Therefore，a sound legitimate basis is quite important in convicting such behaviors
as we must also take national criminal policy into consideration. In practice，we must be careful in convicting leadership and
organizational behaviors as separate crimes so as to avoid excessive punishment and protect the human rights.

Key words: leadership behavior, organizational behavior, joint crime, criminal group, organization in the nature of criminal
syndicate