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

The criminal syndicate characteristic group crime used to disappear from the scene in Chinese mainland ,but it revives in recent years developing and spreading at an astounding speed all over the country. It is greatly threatening the security of the civilians' lives and property, as well as destroying economy and social life and order. In 1997,the criminal law was revised and the crime of organizing, leading and participating in criminal syndicate characteristic group was added to the criminal law. Afterward the Supreme People's Court of the People's Republic of China and the Standing Committee of the National People's Congress made a legislative and judicial interpretation of it, and this provides a legal basis for an effective strike on the criminal syndicate characteristic group crime. Nevertheless, there appear some new characters andtendencies towards the criminal syndicate characteristic group crime with the development of the situation. This brings new difficult problems and confusion for the legislative and judicial work.This dissertation analyzes and generalizes the criminal situation, developing tendency, legislative history, and constructive character of the crime of organizing, leading and participating in criminal characteristic syndicate group from the practical and abundant theories point of view. The author also confers to distinguish some easily-to-be-confused limits in legislative work, and makes some suggestions on improving legislative and judicial procedures, strengthening the society's preventive and contollable measures.The dissertation is categorized into five parts. In the first part, it analyses the origin, present situation and developing tendency of the criminal syndicate characteristic group crime in China. In the second part, it introduces the legislative history of the crime of organizing, leading and participating in criminal syndicate characteristic group. In the third part, it analyses the basic character of the crime of organizing, leading and participating in criminalsyndicate characteristic group. In the fourth part, it confers to distinguish some limits while confirming the crime of organizing, leading and participating in criminal syndicate characteristic group. In the fifth part, it discusses the way of improving the controllable countermeasures of the criminal syndicate characteristic group crime.