Study Of The Criminal Legislation Of The Mafia Organized Crime

At present,more and more experts and scholars begin to realize the new challenge of Chinese organized crime,which has been developing rapidly in the recent years .To understand further Chinese organized crime and the countermeasures against it in P. R. China ,the author explains various definitions of organized crime in P. R. China .analyses the current situtions,characteristics and trends of Chinese organized crime and discusses some efficient countermaesures in P. R. China .The auther does hope the paper will help readers to learn of the general sitution and development of organized crime and countermaesures in P. R. China from both theoretical and practical perspectives.It's well known that organized crime is a hot issue .which has become a major concern of the whole world .In fact, the organized crime problem in some countries and regions has become so serious that it jeopardizes political stability and social safety , Because the Chinese government pays special attention to public security, it has achieved a great extent political stability,economic development, social progress, national unity. So, social order is normal and stable. All these make up the foundation for a successful mordernization and reform. Meanwhile Chinese society is presently facing unfamiliar problems and unexpected situations. One of the most striking problems within Chinese borders is the increase in the number of crimes with some characteristics of organized crime, which is especially obvious in some local areas. In addition, organized crime groups, which had originated outside Chinese mainland, have infiltrated the Chinese mainland to a greater degree than before. And this threatens seriously the stability of the coast areas particular in the southeast of China.Underworld was eradicated for a time after the founding of the People's Republic of China in 1949 in Mainland China. Inrecent years ,however,due to the influence of various complex factors in the changing society,the underworld is on its way to stage a comeback ,though criminal syndicate has not yet been formed ,the number of rampant crimes by all kinds of criminal groups has increased,and overseas underworld has infiltrated into this country .Some scholars and experts looked the gangs as the criminal groups with the characteristics of underworld, which are found only in parts of the country.They possess the features of certain organized crime and the partial characteristics of organized crime.There is a tendency for such criminal organization to spread nationwide.The criminal legislation of antigangland in force in our country is unperfect, which is a form lacking future, comprehensiveness and system. At the same time, the objective of the legislation is not very clear, and the criminal penalty is obviously light. In view of this, the article focuses on the research of the criminal legislation of antigangland in force in our country. First, the relevant new accusations should be increased while the original are replenished and revised, which can make the form to future,Second, the provisions of gangland crimes of the criminal law in effect shoud be modified, raising the range of discretionary action of sentencing. Third, the punishment of depriving properties should be increased. Fourth, the circumstances of lighter punishment and mitigation of punishment should be added. Fifth, the judicial procedure of antigangland should be set up. Sixth, the international cooperation should be increased. Last, crime of laundering should be perfected.