The Review And Countermeasures Of Chinese Organized Crime Criminal Governance

Organized crime is the current challenges facing the international community, but also endanger Chinese social order of the increasingly serious problem. In order to effectively punish organized crime, the Criminal Code amended and adopted in1997to provide that the organization, leading or participating in organized crimes, Criminal governance of Organized Crime in China officially opened the prelude. From our historical process of organized crime in terms of governance, the governance essentially of organized crime in the narrow concept of organized crime-"mafia-style syndicates"(criminal groups with mafia characteristics)expanded context, and thus can theoretically be divided into Organized Crime Control three phases:"Times before hitting mafia-style syndicates、The Times of hitting mafia-style syndicates and Times after hitting mafia-style syndicates". However, comparison of extraterritorial criminal organized crime management experience and review of Organized Crime in governance process, we find that:Neither the concept of Chinese Organized Crime response the spirit of harmon of the U.N. Convention Against Transnational Organized Crime, nor has effectively reflect the local characteristics of Chinese organized crime. In the guidance of uneven criminal policy and the "unreasonable organized crime legislation", Governance of Organized Crime in Criminal paranoid and Eventually led to the judicial practice the embarrassing outcome of "Hitting mafia-style syndicates surplus and the remaining deficiencies ", And indirectly led to the consequences of rapid development of violent organized crime. In view of this, this paper based on the reference and local review of extraterritorial, from the perspectiv of the criminal law、criminology and criminal policy, By means of the historical analysis, comparative research and withing problem-centered, proposes basic countermeasures to improve governance efficiency of Organized Crime. Full except the Introduction illocutionary divided into five chapters, about15million words.The first chapter:The View of Urisdictions outside the control of organized crime concept. The international community level, with a focus on Italy, the U.S., Russia and the U.N. Convention Against Transnational Organized Crime. Italy is the birthplace of the Mafia, has a rich and deep organized crime governance experience and lessons, especially its criminal organized crime dualistic governance model, placing emphasis on the traditional Mafia-type organized crime crackdown outside and without neglecting the new non-violent fight against organized crime, which is particularly worthy of our reference. The United States is the birthplace of the concept of organized crime, mafia mode of understanding due to the long-term misleading, The American from the20th century to the1960s, in the governance of organized crime has been little success. After scholars Smish other scholars active call and careful research under the Presidential Commission1970s, mafia shattered, the narrow concept of organized crime domination no longer exist, the United States opened a new era of governance organized crime; Russian organized crime is recognized as the "developed" in the international community today,because growth of today’s Russian organized crime from the post-Soviet was very rapid."Thriving on the decline and decay in the governance" is the Russian organized crime basic experience providing a useful reference for countries in transition. Formation of economic globalization to make closer links between countries, but also for transnational organized crime provides a good opportunity to view of this.In the international community’s efforts, in2000the United Nations adopted the "Convention against Transnational Organized Crime","Convention" lessons the United States and other countries organized crime governance experience and reached a basic consensus to the concept of organized crime and the basic system."Convention" fundamental purpose:First, eliminate the gaps of the national legislative and judicial systems in criminal, which these gaps had handicaped judicial assistance activities between countries, the second is for the domestic legislation of each accession countries to set the standard and more accurately and more effectively combating organized crime.Governance of organized crime in the Hong Kong, Macao and Taiwan regions is effective, but three areas due to historical, cultural as well as differences in legal systems, the concept of organized crime is not very uniform, is different, but this difference did provide us with multivariate analysis perspective, an important study and learning. Hong Kong organized crime, including organized crime and triad ordinary organized crime,"the Societies Ordinance" and "Organized and Serious Crimes Ordinance"is the two important law of Hong Kong law against organized crime. In recent years, as Hong Kong’s social, political, rapid economic changes, Hong Kong’s organized crime crime situation has undergone profound changes. As Hong Kong law enforcement authorities such as focusing on the traditional triad of combating organized crime, traditional organized crime offenses comparative advantage no longer exist, getting smaller and smaller living space. So, in order to triad background of criminal activity gradually decreased, and the temporary establishment of loosely structured criminal organizations in Hong Kong organized crime type of organization to occupy an increasingly large proportion. Macau punish organized crime system of legal norms primarily are make up of the "Organized Crime Law","Macao Penal Code","Macao Criminal Procedure Code" and other single criminal composition. The "Organized Crime Law" is now punishing organized crime in Macau core legal. For the concept of organized crime, Macao definition of organized crime is also a generalization enumerated type and combination of definition. According to Macau "Organized Crime Act",the concept of organized crime and triad concept is equivalent to use, and this is the major culture feature of Macau legal of organized crime. Macau-called "dark society ", on the Chinese mainland in terms of, is not "dark", and even that is not serious, but generally more serious crimes. Taiwan, the provisions of Criminal Code for Organized Crime Criminal Code adopted anti-organized crime legislation with single combined form, including the "Criminal Code","check Gansu rogue Regulations" and "Organized Crime Prevention Act". Legal concept of organized crime as "organized crime", and Including its associated concepts:"underworld","bad gang combinations". Organized crime and gangs bad combination,"Organized Crime Control Act" and the "Inspection Gansu rogue Regulations" provisions of the concept, respectively, is a formal legal concept. By law, the Taiwan organized crime is a criminal organization offenses, therefore, is to define the concept of criminal organization prerequisite.Chapter Ⅱ. Governance of organized crime simple historical review. From the course of the development of organized crime, since the founding of our country has gone through the development of organized crime:mafia-style syndicates disappeared period (late1950s-70s), organized crime diversified formation period (late90s early80s), mafia-style syndicates decline and the rise of non-violent period (2000-2012) three stages. But criminal governance perspective, governance essentially of Organized Crime in order to narrow the concept of organized crime for the expanded context, and thus theoretically organized crime can be divided into three stages of governance, that is,"before-hitting mafia-style syndicates era","hiting mafia-style syndicates era" and the current "post-hitting mafia-style syndicates era".Chapter Ⅲ. Chinese organized crime governance review. Concept is a manifestation of the concept. Organized Crime Organized Crime Control concept is the logical starting point, a different concept of organized crime, means different route of the governance. If the concept of error, then the premise of organized crime, governance, governance orientation, criminal policy, criminal policy, will occur an error. Therefore, this paper, the concept of organized crime as a review of the first; Criminal policy is to take a variety of measures and countermeasures combined to criminal offense. Criminal governance should be carried out under the guidance of criminal policy, but policy guidance of Organized Crime in Criminal function weaken or even the existence of errors; Specific features:basic criminal policy is be in conflict with the specific criminal policy and law enforcement criminal policy, non-violent criminal policy is be in the absence of criminal policy; Organized crime is a serious form of crime, therefore, organized crime crackdown is the proper meaning of governance. From the point of view of governance, organized crime crackdown in narrow concept under the guidance of cutting edge has been biased to one end of violent crime organized crime, showing the wrong direction; The criminal legislation is an important part of governance. In reality, even with advanced management concepts, without advancing legislative and regulatory system for support, then the efficiency of organized crime in the name of governance, although no real rule of law. Resources from the legislative relationship between supply and demand, China’s organized crime legislation needed to solve the following questions:First, legislative resources can not meet the overall needs of organized crime; Second, the legislation, of organized crime legislation has a tendency of lighting program; Third, the criminal policy of combining punishment with leniency implement the spirit of not complete; forth, penalty mechanism is heavy sanctions against perpetrators organizational interests with lighting deprivation and other issues.Chapter IV. Governance of Organized Crime in Criminal Measures. About Countermeasures of Organized Crime, adopted this doctrine path which prescribing a treatment focus on organized crime.Based on the local and world, propose targeted criminal governance countermeasures. The measures of the basic idea is to achieve "unification" of the treatment to the "diversification" governance changes, the main task is to quickly measures to curb the rapid development of non-violent moment of organized crime.Measures base path:First,Making easonable definition of the concept and nature of organized crimes; Second,Having an accurate understanding of Organized Crime in developing the local characteristics and the law of evolution; Third, Having a rational division of reality organized crime type; Fort,Formulating rigorous french and scientific legislation, building dual structure of organized crime accusation; Fifth, Launching law crackdown on the track of the rule of law through on scientific means.