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Research On Criminal Governance Of Organized Crime In The New Era

Posted on:2022-08-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:W X DengFull Text:PDF
GTID:1526306497986969Subject:Criminal Law
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Since the beginning of this century,the social transformation with science and technology as the core of social productivity and the intelligentization of human society is underway.The rise of the network society,the development of big data technology,and the widespread use of artificial intelligence have profoundly affected human society.All aspects of development also profoundly affect the development and transformation of organized crime.At the same time,with the in-depth development of the eradication of crime and the comprehensive and effective crackdown on organized crime,there is an urgent need for theoretical induction and research.Under the dual promotion of technology and practice,the criminal governance of organized crime has entered a new era.Interacting with the development of the new era,organized crime has shown flexibility and variability in conformity with the times in terms of its organizational structure,crime methods,and social influence.This has also made it the mainstream form of crime in the new era.Traditional single crimes and general joint crimes are more destructive and socially harmful.Therefore,studying the development and changes of organized crime in the new era has not only the theoretical significance of criminal law,but also important practical significance.In view of this,this article takes organized crime as the research object in the new era and is divided into six parts: Introduction;the evolution of the structure of organized crime in the new era;the development of the types of organized crime in the new era;the adjustment of the policy model of organized crime in the new era;The improvement of the normative system of organized crime in the new era;the deepening of the judicial practice of organized crime in the new era.in particular:The introduction part mainly introduces the background of the topic,the research significance,the current situation of organized crime research at home and abroad,the research ideas and methods.Chapter One "The Evolution of the Structure of Organized Crime in the New Era".This chapter introduces the background of the times from the arrival of the new era,explains the concept and meaning of the new era,and introduces the relationship between the new era and the revolution of information technology,as well as its relevance to organized crime,and explores the reasons for the development and change of organized crime.On the basis of expounding the new form of criminal organization-"unorganized organization",it leads to a new era that not only changes the behavior of organized crime,but also changes its structure to link up the second section.The focus of this chapter is to explore the specific manifestations of the changes in the structure of organized crime in the new era(Section 2),starting from three aspects: the flattening of organized crime organization structure,the fragmentation of behavior patterns,and the networking of social structure characteristics.Chapter Two "The Development of Organized Crime Types in the New Era".In view of the significant changes between organized crime and traditional organized crime in the new era,this chapter mainly describes the development of specific types of organized crime,and discusses and analyzes its new characteristics.First,it focuses on the development of terrorist crimes in the new era.The rise of cyber terrorist crimes;through the typological research on the methods of cyber terrorism crimes,it explores its new characteristics of the times,that is,the transnational nature of cyber terrorist activities and the flexibility of organizational forms.Secondly,it expounds the development of triad organizations in the new era.Through the definition of the concept of triad organizations,and the analysis of the characteristics of traditional triad organizations and the comparison of the development status,the specific changes of triad organizations are studied,that is,the violent characteristics of behavior are determined by direct violence has turned into indirect violence,the organizational form has turned to professionalization,legalization,and the development trend of active infiltration into the political field.Finally,combined with traditional crimes,separately elaborated the development status of drug crimes and telecommunications network fraud crimes showing an organized trend,and explored the new characteristics of organized drug crimes,namely,the increasingly hidden means,the influence of transnationalization,and the overall younger age of criminal targets;And discuss and discuss the new characteristics of organized telecommunications network fraud crimes,namely,organizational corporatization,professionalization,criminal industry chains,and transnational crime trends.Chapter Three "Adjustment of Organized Crime Policy Model in the New Era".This chapter studies the construction of organized crime policies and governance mechanisms,and discusses the implementation methods of criminal policies and long-term governance mechanisms against organized crime in the new era.First,with regard to criminal policies against organized crime,the tradition emphasizes heavy penalties,but the new era needs to combine the characteristics of the times and the changes in organized crime,and shift the policy to "strike early and hit the small" and "strike the real".Second,in order to achieve long-term effective governance of organized crime,it is necessary to take into account the coordination of legal governance and social governance,the cohesion of criminal governance and administrative governance,and the effective coordination between smart governance and traditional governance.Chapter Four "Improvement of the Organized Crime Norm System in the New Era".This chapter studies the normative governance of organized crime.The effective development of anti-organized crime rule of law practice depends on the establishment of a standardized legal system.This chapter first studies the development and shortcomings of the normative system of organized crime in the new era,and then,based on a comprehensive analysis of the experience of the normative system of organized crime outside the territory,proposes to build a normative system with the "Anti-Organized Crime Law" as the core,so as to build a comprehensive,systematic and coordinated system foundation.Chapter five "The Deepening of the Judicial Practice of Organized Crime in the New Era".This chapter studies the judicial governance of organized crime.Due to the lagging nature of regulations and the complexity of practice,the judicial governance of organized crime plays a very critical role.The first section of this chapter discusses the deepening of the judicial identification of criminal organizations,specifically focusing on the judicial identification of underworld organizations,evil and evil criminal groups,terrorist organizations,drug criminal groups,and telecommunications network fraud criminal groups.The second section discusses the judicial identification of organized crime,and successively explains the judicial identification of typical organized crime behaviors and joint crimes.
Keywords/Search Tags:organized crime in the new era, structural evolution, policy model, normative system, judicial confirmation
PDF Full Text Request
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