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A Study On The Definition Of And Counter-Measures Agaisnt Gangsterdom Crimes

Posted on:2004-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:H F FanFull Text:PDF
GTID:2156360122985118Subject:Law
Abstract/Summary:PDF Full Text Request
During as early as the initial years of 1980s when China was opening itselfup to the outside world, groups of overseas gangsterdom organizations haveinfiltrated into the mainland through the coastal provinces. Meanwhile, certaindomestic villainous groups were taking their transformation into gangsterdom.Nevertheless, the international community so far still fails to adopt a wellacknowledged conclusion of "What is gangsterdom?". At home, the academic andjudiciary circles are also long baffled by the similar issue of whether there existsgangsterdom within China. In this thesis we first take a review of the definition of gangsterdom througha comparative perspective. Although gangsterdom crimes have become aworldwide problem, the international community so far still fails to give agenerally accepted definition to "gangsterdom". The forms of gangsterdom crimesvary globally due to the differences of political, economic, cultural and socialbackgrounds of the countries. For this reason, there finally come into being twomajor types of "gangsterdom": Euromerican style and Asian style. However, withthe gangsterdom crimes spreading across the countries, the internationalcommunity came to realize that a common understanding and view of 1gangsterdom must be adopted for the purpose of achieving more successfulinter-countries cooperation in the battle against gangsterdom crimes. To fullyunderstand gangsterdom, we must admit first that gangsterdom is a highlydeveloped form of organized crimes, which is quite different from generalorganized crimes. In my view, there do exist gangsterdom in China, which could be evidencedby the evolvement of the definitions of "gangsterdom". In the new Criminal Lawpromulgated in March, 1997, the original reference of "criminal groups ofgangsterdom nature" is further defined as "gangsterdom nature organizations".This in fact reveals that the legislation has admitted the existence of gangsterdomin China although it still sounds a euphemistic wording. This can be concludedthrough analysis from the following three perspectives: (1) a mis-version of thereality due to a wrong selection of overseas object for reference; (2) certaindomestic gangsterdom organizations are not comparable to Mafia of early stages;and (3) a large number of members is not necessarily the most essential standardfor defining gangsterdom organizations. By taking reference to the definitionsfrom sociological-history and criminology, I conclude that a complete andcomprehensive definition of gangsterdom shall be long-lasting and monopolyprofessional criminal organizations of well-knit and stable structure and particularmode of activities which pursue economic interests through illegal and sometimeslegal means. At present, the press, sometimes even certain professional papers, very oftenwill mix up the words of "gangsterdom", "gangsterdom nature organization","villainous power" and "criminal group". For this reason, I have also made a 2comparative analysis of the couples of basic concepts of "gangsterdom natureorganizations" and "gangsterdom", "villainous powers" and "gangsterdom" and"criminal organizations" and "gangsterdom". After comparing the typical gangsterdom organizations overseas, we canconclude some common rules of gangsterdom: (1) highly developed gangsterdomorganizations are operated and managed in the forms of enterprises; (2) most willtake the employment of violence as their existence capital; (3) entering intoalliance with mainstream social forces and powers; and (4) gangsterdomorganizations give birth to high rate of crimes. With these understandings, if weattempt to root up gangsterdom crimes, we must take measures against the causesof formation thereof and further try comprehensive settlements. In the thesis I propose systematical measures against gangsterdom crimes outo...
Keywords/Search Tags:Counter-Measures
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