View From The Organizational Sociology Organizational Features Of Gangdom Organization

The concept of"mafia-style organization"is the original creation in Chinese criminal law. However, the descriptions of the characteristics and the organization characteristics in particular are overabstract and vague, so that the identification of the concept has been in dispute in the theoretical and judicial practice fields. The lack of a set of practical quantitative standard lead to the difficulty in accurate grasp of its organization characteristics in judicial practice and confusion of the concept.In response to the above problems, many academics and scholars are trying to explore the content of the organization characteristics of the mafia-style organization from the so-called"legislative intent"with the aim to unify academic recognition about this problem, but little effect has made. The reasons mainly lie in the complex and diverse forms of the mafia-style organization and the different observation perspective and understanding of the scholars. Thus, when they are seeking so-called"legislative intent", consciously or unconsciously, their subjective judgements have been involved. In fact, legislators themselves held vague understanding towards the concept and characteristics. It is difficult to achieve the supposed goals just from the so-called"legislative intent"to explore the content and the organization features. Therefore, we need to jump out the barrier of thinking and return to the organization sociology to explore the identification criteria of its features.To this end, the author has settled a set of concept system to describe the organization features from the sociology of organization, which includes the following four categories: the organization goals, organization structure, the organization size and the organizing process. This set of concepts are the basic elements of describing the mafia-style organization's organization sociology features, the identification divergences in identifying its organization features by the judicial organs and the identification standard of its organization features. The thesis first has described the organization of sociology features and the identification divergences in identifying its organization features by the judicial organs in two cases, and then it comes to the conclude the identification standard. At last, this thesis, by applying this set of standard, has distinguished the mafia-style organization from the evil force and the ordinary crime group on concept.