Studies Of Several Problems Concerning China’s Crime Of Organization In The Nature Of Criminal Syndicate

Organized crime is a kind of criminal pattern with serious social harmfulness . Organized crime, drug crime and terrorism activity crime are three human disastrous crimes announced by the United Nations. The harmfulness of organized crime is more serious than common criminal offense’s. Organized crime’s behavior is in the nature of violent and cruel, its permeability to political and economic areas will threaten the peace and security of entire international community.In China, the criminal law in 1997 provides for crime of organization in the nature of criminal syndicate, it has been recognized as the most typical organized crime. Crime of organization in the nature of criminal syndicate is a particular legal concept in China. There is no typical crime of underworld in China, but organization in the nature of criminal syndicate plays the same role. It plays the tyrant in a locality, perpetrates all kinds of evils, bullies and oppresses or cruelly injures or kills common people.Organization in the nature of criminal syndicate has four basic characteristics——organization, economy, behavior and illegal control. Now, the crime of organization in the nature of criminal syndicate is the fastest-growing and most serious criminal offense,it seriously undermines the economic and social order,should be paid enough attention. Fighting against the crime of organization in the nature of criminal syndicate is a important and difficult problem in judicial practice. In recent years, with the effective fighting against the crime,the organizational structure becomes more close,the organization penetrates to legitimate economic field gradually,bribes state functionary as far as possible,changes crime method constantly, improves anti—reconnaissance capability, and joins hands with overseas underworld. These new situations present a variety of challenges for state fighting against the crime of organization in the nature of criminal syndicate. So, in order to guide the judicial practice and improve legislation ,we should enhance the capability of researching on the crime of organization in the nature of criminal syndicate.This paper will be divided into 7 chapters. Chapter 1 discusses the concept and the relationship between organized crime and crime of organization in the nature of criminal syndicate, researches the concept descriptions of organized crime in other countries, defines organized crime in criminology and criminal jurisprudence, and further analyzes the relations and differences between crime of organization in the nature of criminal syndicate and underworld, criminal group, gang.Chapter 2 researches on the basic characteristics of organization in the nature of criminal syndicate and analyzes the situations of organization structure, organizational scale, economic strength and crime methods in the field of society, economy, politics ,etc.Chapter 3 to chapter7 bases on the above characteristics, discusses the application of law about crime of organization in the nature of criminal syndicate, the confiscation of criminal assets, the fighting against crime of shielding organization in the nature of criminal syndicate, to establish special reconnaissance measures and the witness protection system, the judicial cognizance of overseas underworld which develops organization members in China,and international cooperation of fighting against organized crime. At last,summarizes legislative defects, thereby put forward some good suggestions to promote and improve legislation.