青少年犯罪,以成帮结伙的群体犯罪为主要形式,近年来,更以其渐趋严重的社会危害性和难以遏止的势头成为突出的社会问题。值得注意的是:青少年犯罪群体在形成之初一般都不是以犯罪为目的组织起来,而往往是由于种种不良因素的吸引结成消极小群体,进行一些不健康的、违法的活动,继而恶性发展,成为严重危害社会的犯罪群体。这种消极小群体的形成,正是青少年群体犯罪的前奏和先兆。 一 从犯罪心理学的视角看,犯罪集团、犯罪团伙以及聚众犯罪,因其人数众多,皆为群体犯罪。青少年群体犯罪,包括这三种形式,尤以团伙犯罪为多见。从刑法学的视角看,犯罪集团和聚众犯罪是共同犯罪的不同形式,况已明确规定于刑法中,而犯罪团伙却是实践中常见,理论上探讨、刑法未曾界定的概念。所谓“群体”,是指由三个或更多的人在相互影响,相互作用下,彼此之间为实现共同目标、利益或需求而协同活动的人群集合体,具有一定的封闭性、较强的内聚力、自卫性和排外性。群体从其组合结构上可分为正式结构群体和 Juvenile delinquency, which takes gang crime of gangs and gangs as its main form, has become an outstanding social problem in recent years with its increasingly serious social harmfulness and unmanageable momentum. It is worth noting that the juvenile delinquency groups are generally not organized for crimes at the beginning of their formation, but are often driven by undesirable factors to form passive small groups, perform unhealthy and illegal activities, and then develop viciously. Become a serious crime groups that endanger the society. The formation of such a negative group is precisely the prelude and precursor to the crime of the young people. From the perspective of criminal psychology, criminal groups, criminal gangs, and people gathered in crime because of their large population are all group crimes. Youth crime groups, including these three forms, especially gang crimes are common. From the angle of criminal jurisprudence, the criminal syndicate and the mob crime are the different forms of the crime of common crime, which have been clearly stipulated in the criminal law. However, criminal gangs are the common and theoretically discussed concepts in criminal law. The so-called “group” refers to a group of people who act together by three or more people under the influence and interaction of each other in order to achieve common goals, interests or needs, which is of a certain closedness and strong Cohesion, self-defense and xenophobia. Groups can be divided into formal structural groups and their compositional structures