| The mafia-evil forces have serious social harmfulness and have caused great hindrance to the world civilization and social progress.It penetrates into the political field,will tarnish the image of the government in the minds of the people;It penetrates into the field of the socialist market economy,not only destroy the order and function of the socialist market economy,but also will greatly hinder the progress and development of the productive forces of society.On the surface,the developed organization of the mafia-evil forces that engaged in legitimate economic activity can increase the number of market players,can enhance the economic vitality of the individual area,but in the long run,the nature of the mafia-evil forces determines that is the great obstacle in the process of development of market economy,but also the greatest latent danger of social stability and development.The detection of the mafia-evil forces crimes should be combined with the typical characteristics of the mafia-evil forces crimes at the present stage,and pay more attention to the conflict and coordination between detection of the mafia-evil forces crimes and routine detection,between the criminal policy of severely punished by law and combining punishment with leniency.Meanwhile,to solve the deficiency of subjective understanding,the deficiency of legislation and the deficiency of institutional supply etc.It is pointed out that: we should pay more attention to the purification of political ecosystem,the control of economic path,the support of cultural environment,social support and specialized work power at the macro level,and realize detection of the mafia-evil forces crime that be Controlled and balanced at the micro level,to construct and improve detection of the mafia-evil forces crime.There are six chapters in this dissertation.The first chapter is the theoretical analysis of detection of t the mafia-evil forces crime.It mainly studies the connotation of the mafia-evil forces crime.Secondly,based on the theory of the control and balance,pay more attention to the detection of the mafia-evil forces crime in the new era.Chapter two focuses on the evolution of detection of the mafia-evil forces crime.This chapter analyzes the new situation of detection of the mafia-evil forces crime from the evolution and decline of the mafia-evil forces crime outside the Chinese mainland and the rise and decline of the mafia-evil forces crime inside the Chinese mainland.This part of the content belongs to the premise of this paper to successfully carry out in-depth research,by revealing the evolution and decline of the mafia-evil forces crime happened both at home and abroad,explore the source of the new mode of detection and governance;By studying the new situation of the mafia-evil forces crime,we find the new characteristics of the crime of the mafia-evil forces crime in our country,and grasp the new law of this kind of crime,so as to lay a foundation for the detection and govern of this kind of crime.Chapter three the practical analysis of the mafia-evil forces crime is mainly from " Supervision opinions" of The Steering Group dispatched by the party central committee and the achievement of the specialized work about the Chinese mainland.Through the analysis of investigation of the mafia-evil forces crime,we found the deficiency of subjective understanding,the deficiency of legislation and the deficiency of institutional supply etc.Through the study of this part,we find out the problems of the detection of the mafia-evil forces crime in China,and then we solve the problems completely.Chapter four is the general layout of the mafia-evil forces crime of detecting.The content of this chapter points out the macroscopic measures of the detection of the mafia-evil forces crime in our country,that is,from the purification of political ecosystem,the control of economic path,the support of cultural environment,social support and specialized work power etc.Chapter five is the standardization of power and system of the mafia-evil forces crime of detecting.This chapter starts from consolidating the power base of detecting,standardizing the power path of detecting and explores the coordination and innovation of the detection system.Chaptersix is the perfection of criminal detection measures of the mafia-evil forces crime.This chapter includes the realization of the mafia-evil forces crime detection power that be Controlled and balanced;To build ideal detection system and Improve the core measures of the mafia-evil forces crime detection,then put forward Suggestions on specific problems and difficulties,at the same time,found the micro concrete problems,providing legal and efficient solutions.The relationship between this chapter and the third and fourth chapter is the "macroscopic considerations and microscopic countermeasures",in order to improve the efficiency of the mafia-evil forces crime detection.We should discover detection insufficiency the mafia-evil forces crime in our country.Firstly,as far as criminal detection of the mafia-evil forces crime is concerned,there is an obvious difference between the mafia-evil forces crime and Joint Crime.Corresponding to this kind of detection is also faced with difficult to find,to obtain evidence,to combat,to control and other adverse circumstances.Although there are obvious differences between the crime of the mafia-evil forces crime and joint crime,there is no essential difference of the means,measures and methods of detection between the mafia-evil forces crime and joint crime.In January 2018,the party central committee and the state council decided to carry out specialized work against the mafia-evil forces crime in our country.But there are still some deficiencies in the detection theory,detection legislation,detection system and detection methods in the criminal detection practice of the mafia-evil forces crime.Secondly,in terms of the criminal governance of the mafia-evil forces crime,the existing policy and legal system has clear guidance on how to promote the special struggle and how to turn the national policy into Law enforcement.But there is no mention of effective governance or the responsibility of the governing body.The subject of criminal detection of the mafia-evil forces crime is legal,which does not mean that the subject of governance is also legal.At present,there is no clear legal provision on the governance subject of the mafia-evil forces crime in the fight against it,and the corresponding governance responsibility for the mafia-evil forces crime has not been legislatively implemented,and there are still loopholes in the legislation.We should explore the establishment of a long-term mechanism for criminal detection and control the crime of the mafia-evil forces.We should pay attention to the source control while detecting,otherwise it is difficult to jump out of the "vicious circle".At present,from the actual results of the detection and treatment of the crimes committed by the mafia-evil forces,there is almost no tendency to remove the "nidus" and prevent the development of the "state of an illness" fundamentally.The crime of the mafia-evil forces is an advanced organization of crime.In the past,the detection of this kind of crime is mostly similar to the western medicine method of "treat the cause,not the symptoms ",which cannot fundamentally solve the problem of the crime of the mafia-evil forces.The criminal governance of the mafia-evil forces should also refer to the "Chinese medicine" therapy.The crime of the mafia-evil forces is caused by the cross influence of various inducements,and it is difficult to form a long-term mechanism to eliminate the crime of the mafia-evil forces,if not from the source,which leads to more and more adverse situations.Criminal detection of the mafia-evil forces should be detected from macroscopic and microscopic levels.At the macro level,it is necessary to start from the political,economic,cultural and other superstructure,establish and improve various social systems,give full play to the advantages of the system to prevent and control the mafia-evil forces crime.At the micro level,specific measures should be taken to detect the mafia-evil forces crime,so as to realize the benign situation of prevent and control the mafia-evil forces crime.In the practice of detection of the mafia-evil forces,we should pay attention to the use of innovative methods,and pay special attention to the scientific and technological new methods in the fight against the mafia-evil forces.The mafia-evil forces engaged in all kinds of business activities often behind the scenes,it's hard to find the key clues and evidence of criminal,but through big data,Cloud technology the abnormal characteristics will emerge,such as the mafia-evil forces preferences for setting up the financing guarantee companies based on the forces to absorb public deposits or illegal loans to grab high returns.The mafia-evil forces did not dare to implement openly,they practice it in the name of the individual,to the people who need loans between natural persons,if the debtor can't payment on time,the mafia-evil forces cannot achieve it by all means,they often preferences the methods of legal action.Based on the individual cases,these economical behavior without any legal blemish on the surface,borrowing legal relation is clear,but with the big data technology,we will find the cases increase in the short term with financing guarantee company of the mafia-evil forces.Through the analysis of big data technology,information such as abnormal capital flow,abnormal trading behavior and abnormal gathering and dispersion of personnel are proactively found,and clues of illegal and criminal cases of the mafia-evil forces are proactively found.The crime of the mafia-evil forces cannot be completely eliminated in the western capitalist countries based on the private economy.Some so-called "advanced" thoughts and systems of western jurisprudence have to some extent become the "protection umbrella" of the system of the mafia-evil forces.In these countries,the members of the mafia-evil forces have a strong awareness of law learning and usage,and they are not afraid of the stateliness of law at all.The mafia-evil forces have a strong economic strength,and they can seek the best quality legal resources for their use.The law has increasingly become its safest and most effective "protection umbrella".There are some special historical background factors in the "resurgence" of crime of the mafia-evil forces in China after the reform and opening up policy.After the founding of the people's Republic of China,we can completely banned the mafia-evil forces in a relatively short time in our country,Under the guidance of Xi Jinping's socialism with Chinese characteristics in the new era,the specialized work under the background of the mafia-evil forces criminal detection will gain the organic unity of the political effect,legal effect and social effect. |
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