The Study On Legislation Of Gangland Character Group Crimes In China

The regulation of gangland crimes in Criminal Law of China as the legal base of the anti-gangland still exited the defect of the legislated lags. So this paper aims to put the resolution to promote the perfection of the anti-gangland crimes legislation through the analysis and summary of such legislations in China. And the whole paper contains three parts. Part one is the introduction of the generation and current situation of the legislation in the gangland organizations punishments in China, which is showed the historical process of the promulgation and the current regulations and the relative judicial interpretations, the legislated interpretations. Part tow is the legislated defects of the anti-gangland crimes which is the following six aspects: one is that the crime of the organization, the leading and the engagement of the gangland character group is in the criminal law but not the gangland organizations; two is that the description of the legal conditions of such crime have some uncertain legal expressions in the content and extension of the name of crime; three is the lighter punishment; four is that there is no property penalty in this crime; five is that there is no cooperation as the criminal subject; six is that there is no particular judicial system or procedure in the criminal procedural law in such crime. Part three is the legislation perfections about the crime of the gangland character group, which is discussed from the criminal substantive laws, the procedural laws and the penalties three aspects to introduce the concept of the crime of gangland organization. For the precisely grasp the concept the crime of gangland organization, the legislation should rules the legal concept of the gangland organization clearly and the ruled the legal concept of the gangland character group based on the former one and enhance the legal punishment with the property penalty and add the cooperation as the criminal subjects to enhance the special recidivists system for such crime. Moreover, the author suggests that a series of additional systems should be established in the criminal procedural laws such as the secret investigation system, the witness protection system in order to provide the powerful guarantee for the strikes over the crimes of gangland character groups. And the strict conditions also adopted in the legislation such as the non probation for this sort of prisoners, no conditional release for the leader of the group and the certain limits of the probation for the gangland organization crimes.