Study On The Crime Of Organizing, Leading And Involving In Criminal Syndicate Group

Criminal syndicate group crime is a kind of newly developing crime. Since the beginning of the 90's of 20 century,this kind of crime surprisingly has been growing and spreading in everywhere all over the country and become a malignant tumor that jeopardizes public security,which is infiltrated and pushed forward by criminal syndicate group abroad. Facing the "criminal syndicate involving in" crime with breaking in full fury,the Criminal Law Recension 1997 made lawful reflection in time and clearly ruled organizing,leading and involving in criminal syndicate group crime. Also in December 2000 and April 2002,The Supreme People's Court and Standing Committee of the National People's Congress respectively made relevant judicial and legislative explanation. These judicial and legislative measures played an inestimable part in the progress of cracking down on organizing,leading and involving in criminal syndicate group crime. However,because of some reasons which practical frame reference is lacked and legislation was too hasty etc,the norm of law of our country regarding with organizing,leading and involving in criminal syndicate group crime is still not detailed or complete presently. These careless omissions cause quite a lot of perplexity and arguments of theories and practice.This thesis starts from the angles of an abundance of theories and practice summing up and analyzing criminal status,evolution of legislation,important conditions of organizing,leading and involving criminal syndicate group crime,and bringing forward the opinions that indirect intention can also constitute this crime.actually playing a part in organizing and leading should be regarded as the standard of verifying an accomplished offense of organizing and leading criminal syndicate group crime,and both sides reaching an agreement to involve in criminal syndicate group crime should be considered as the standard of verifying an accomplished offense of the crime. It therefore suggests that criminal law should be revised,and units and persons who are over 14 and under 16 should be investigated and fixed the criminal liability of organizing,leading and involving in criminal syndicate group activities. Besides,the thesis is discussing several border lines that easy to be confused in judicial practice and the completion of "Cracking down earlier and smaller" policy in order to provide some beneficial inspirations for the current fight of "Cracking down criminal syndicate and getting rid of the cruel".