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Comparative Research On Gangdom(-like) Organized Crime Of Four Regions Across Taiwan Strait

Posted on:2016-10-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z M LiFull Text:PDF
GTID:1226330461463083Subject:Criminal Law
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Gangdom organization crime as the senior form of organized crime, It was hated by the countries and areas in the world because of its highly organized, concealment and serious social harmfulness.The mainland criminal law has not stipulated gangdom organized crime, but similar underworld organization of the underworld property organization crime is becoming more and more serious in China mainland.In recent years, the organization with underworld society nature not only develop itself rapidily but also joint with Hong Kong, Macao and Taiwan underworld organization,making cross-regional crimes, and using the differences of criminal justice and the present situation of cooperation between Hong Kong,macao,Taiwan where lack of cooperation to escape to be blamed.This article first carries on the introduction and comparison of the two sides of the four underworld crime legislation, including the change of the legislation, reduce the criminal and legislative model,then compare the differences between conviction and sentencing,and considerate the similarities and differences between the two sides of four underworld organization in the crime and the theoretical level and practical level. such as criterions for the conviction of the similarities and differences.To provide theoretical support for effectively in solving the mainland underworld nature organization crime legislation,to provide technical reference for the judicial practice, and put forward some suggestions for the differences of regional criminal judicial cooperation under the background of alienation.This paper is about 160000 words, in addition to the introduction, the main text consists of six chapters as following:Part I has combed on the four districts across Taiwan Strait of organized crime legislation, and analysis the influence factors of the underworld organization crime legislate, the social development condition has profound influence on underworld crime legislation,the development status of underworld crime directly affects the legislative changes, the gangdom organized crime regulation of substantive law and procedural law requirements also indirectly affects the legislative change.Part II discussed the legislation pattern compared the four cross-strait crime of underworld organization.The legislative mode of cross-strait four organization of the underworld crime is not the same,the mainland adopts the legislative mode of code, the pursuit of formal rationality. Using the integrated legislative pattern in Taiwan area,Macao area, the relevant provisions on underworld crime in the criminal law and the criminal procedure law respectively, and making special criminal legislation. Using a combination of separate criminal legislation and prejudication mode in Hongkong area. In line with the characteristics of Hongkong belongs to the Anglo American system, by using quotes and precedents can make up for the deficiency in the law rationally and effcetively. Based on the need for the reform of criminal legislation in the mainland, aimed at the organized crimes of the underworld society develop separate criminal law argument, this paper argues that the separate criminal legislation to combat triad organized crime has become a trend internationally, but based on the present situation in mainland, has not reached the conditions to make out separate criminal legislation.We can adopt the combination of amendments and judicial interpretations and legislative interpretation,not only can solve the problem upon fight against organized crimes of the underworld society legislative or judicial efficiency, also can make up for the law enforcement difficulty because of insufficient understanding of the organized crimes of the underworld society.Part III compares the regulation range. In the scope of regulation can candivide into the “underworld organized crime" and“behaviour crime""Underworld organization crime" is specifically for regulate those who host,lead,participate in the underworld organization,which is the true sense of the word or exclusive significance "gangdom organized crime". And “underworld organization behavior" is the essence of underworld organization it can implement it for committing any crime. These crimes are actually other people or organizations may also constitute a "common crime", is not exclusive to the underworld organization, thus the underworld "behavior" is not a typical "gangdom organized crime". In effect, the legislation of underworld organization in Hong Kong, Macau, Taiwan and the "define"and "behaviour"regulation, on charges related to the universal is larger, difference is small, so on both sides of the four gangdom organized crime regulation scope has a great deal of similarity.Part IV is the comparison of cross-strait four convicted underworld crime problem. The paper firstly reviews the problem sidentified cross-strait four different domains of the underworld organization, and analysis the similarities and differences between the problem, and get the solving problem of conviction, the organization with underworld society nature, should be reasonable definition on organizational characteristics, main enlightenment clear object of crime connotation and keeping pace with the time of legislation.Part V is the comparison of the volume underworld crime penalty of two sides of the four. First of all, compared through the use of criminal discretion in sentencing plot of criminal law, investigates and demonstrates the similarities and differences between the legal sentencing circumstances and discretionary sentencing circumstances in gangdom organized crime in Hong Kong, Macau, Taiwan, In the comparison of sentenced to punishments, key comparison demonstrates the gangdom organized crime in Hong Kong, Macau,Taiwan and the property punishment penalty and freedom penalty decisions on the commonness and difference, the underworld property organization crime punishment problem in mainland China.Part VI is told the interregional criminal judicial cooperation under the different background. In this paper, I put my own mind in the cross-strait interregional judicial cooperation.First I analysis the inevitable necessity of criminal judicial cooperation between Hong Kong,Macau, and Taiwan,then find the realistic problem of criminal judicial cooperation between Hong Kong, Macau, and Taiwan,Finally,I put forward some of my suggestions in perfecting the criminal legislation, establishing the system of the interregional criminal judicial cooperation system and enhance the practice effect of interregional criminal judicial cooperation.
Keywords/Search Tags:Four Regions across Taiwan Strait, Gangdom Organized crime, Comparative Research, Interregional cooperation
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