Studying The Criminal Offence In Conspiracy By Untypical Underworld Society

Aggravation of the criminal offence in conspiracy is menacing people's interests all over the world. It is the focus of the world's attention from legislative bodies, judicial organs andCriminal Law researchers because of its harmfulness and offensiveness on modern society.In this paper, the writer explores to make it clear for people to understand the criminal offence in conspiracy by untypical underworld society in four aspects including the conception and basic features of the untypical underworld society, the component elements of the criminal offence in conspiracy by untypical underworld society, the affirmation of such criminal offence and the penalty upon it, in the light of theoretical research and positive analysis. The conception of the untypical underworld society in China is summarized in comparison with the notion of "society" , "untypical underworld society" and the "features" of the untypical underworld society in China. The writer elaborates, when describing the features of the untypical underworld society, such features as "highly -organized", that " there exists a sphere of influence in a certain district, or in a certain trade or profession, and illegal control isexecuted within the sphere of influence" , "with actual economic strength in pursuit of economic benefits" , "political infiltration into governmental organs with antagonism" , "decaying culture" and "the compatibility in the measures of criminal offence". The description of " political infiltration into governmental organs with antagonism" is discussed in detail. The " protection umbrella" formed by government functionary refers to, by author's opinion, that by which the untypical underworld society "being shielded and connived at". Novel viewpoints to discuss "being connived at" are put forward in this paper. The criminal subject, injured object, the objective and subjective aspects of the criminal offence arediscussed in detail in order to describe the component elements of the criminal offence in conspiracy by untypical underworld society. The limit that distinguish the untypical underworld society from the relative domains, and judicial affirmation of criminal offence in conspiracy are discussed. The principles of different penalties upon the organizers, leaders or members of the untypical underworld society are proposed.. The corresponding legislative proposals are made hereby for measurement of penalties upon the aforesaid criminal offence, and for that one more article should be supplemented with property penalty.