The Research On Some Problems Of Transnational Organized Crime

Transnational Organized Crime (TOC) is a kind of crime with distinct features of times that must appear in the development of crime. The acceleration of the economic integration, the fast development of the science and technology and that of the traffic and the communication brings great changes to our lives. TOC takes on some new characteristics under these conditions. At the same time, it also threatens the steady of all countries and the global society. United Nations Convention Against Transnational Organized Crimes is a milestone in the struggle against this crime that harms all countries' interest seriously. Our state joined this convention in September, 2003. This thesis outlines the present situations of the crime and the legislation and the jurisdiction of the crime, analyses the problems in them, and puts forward some tactics of respondence from the angle of the international criminal law. The author tries to do something good to the prevention from the TOC of our country.IN the first part of this thesis the author outlines and analyses the present situation of the crime and that of the legislation and the jurisdiction. The author deems that TOC is a kind of crime made by the criminal group of three or more members which exists in a period and has an organized constitution. It considers the economic benefits as the last goal and the behavior or the consequence of it concerns two or more countries. Now the global economy develops quickly and the science and technology changes with each passing day . TOC takes on some new features in this situation: The organized level becomes higher; The area it concerns becomes bigger; The kinds of crime it contains become more and more. This crime expands from the economic area to the political area. And its criminal means change from force to intelligence. TOC endangers the safe of the country and the peace of the world, hinders the normal economic contact between countries, harms the global economic order, pounds the national legal system and challenges the international criminal judicial system. Facing the rampant TOC, the countries and areas all take positive attitude to control and prevent it through legislation. Seeing from the national legislation of some countries, drawing up special criminal law against TOC has become the first choice among the legislation against TOC. United Nations Convention Against Transnational Organized Crimes passed at the 55th conference of UN General Assembly in 2000 is the fruit of the long-term struggle of the global society against TOC. It constructs an international legal system of global control on TOC in the form of international convention. The strike against TOC now still depends on the national judicial office. At the same time, considering its characteristic of transnation, bilateral and multilateral cooperation is necessary. The ICPO plays an important role in the action of the global society against TOC too.In the second part of this thesis the author analyses the problems in the legislation and the jurisdiction against TOC on the basis of the aforesaid explanation of the situations. On the one hand, the falling behind of the national criminal law, the distinctions between national legal systems, the related regulations which are not perfect give opportunities to TOC on the level of legislation; On the other hand, the differences of political opinions, the narrow sense of national benefits, the jurisdictional confliction and the problem of the recovery of booty block the strike to TOC.The third part of this thesis tries to put forward some advice to our prevention and strike to TOC on the basis of aforesaid outline and analysis. First, the author suggests perfecting the domestic criminal law and proposes to enlarge the range of the upstream crimes of the crime of laundering. The author also proposes to increase the crime of bribing foreign public officials and international public servants in the criminal law. Second, the author deems some special measures should be introduced into the jurisdiction against TOC...