The Legal Preventive Measurement Against Organization Sort Of Gangland

With the development of society and economy, gangland commit criminal more and more execrably. As the most acrimonious organization of criminal, gangland attract most attention of international society and become the important goal against which our society fight and guard. Though the gangland crime in our country doesn't reach the highest level, its harm can't be neglected and do threat the social and economic system of our country. Therefore, it is necessary to analyze accordingly the gangland crime on the base of the criminal law and related crime."Organization sort of Gangland", which is the concept of Chinese understandings, is different from the"Gangland"in Hong Kong, Macao and Taiwan, and abroad. Because we don't have much experience fighting against gangland and related laws and rules wait urgently for improvement, it is obligatory to study those sophisticated in Hong Kong, Macao and Taiwan, and abroad. Through the analysis of current situations, tendency and shortcomings of related laws of the criminal committed by the organization sort of gangland, This writer supplies relevant guarding measurements.In addition to introduction and conclusion, this paper has the following three sections:Section One: the review of crime commitment by organization sort of gangland. Our country doesn't use the concept of gangland directly, but uses the"Organization sort of Gangland", so this paper firstly defines the concept of gangland, organization sort of gangland and crime of organization sort of gangland, through which we can differentiate them and commit our following study. Secondly, this section analyzes the main features and potential reasons of organization sort of gangland, and reviews the current situation and related law-making of gangland in Hong Kong, Macao and Taiwan, and abroad, which can set up the theoretical foundation for following sections.Section Two: the tendency and related criminal laws of crime committed by organization sort of gangland in our country. We find that the internal infrastructure of organization sort of gangland becomes more strict and the scope expands gradually; with mask of legal economy, the organization commits illegal trade, penetrate into economy step by step, which hurts severely the social and economic order; corrupting civil servant, it establishes the shield and strengthen the ability to penetrate into politics, which helps its more severe criminal; with the currently more degree of internationalization, organization sort of gangland cooperates with overseas gangland of high level, which may help it expand scope and become more capable; the organization swoops economic benefit through various sophisticated and high-tech means. This tendency definitely adds more difficulties to inspection. In addition, the criminal laws related to the crime of organization sort of gangland in mainland come into being very late and develops from provincial laws and rules; though'criminal law'edited in 1997 has specific measurement for the crime committed by organization sort of gangland, it also has many shortcomings, so'Judiciary Understandings'and'legislation Explanation'established in 2000 and 2002 define scientifically and comprehensively the concept and features of organization sort of gangland, which provides legislate base to fight against the organization. Because of the light prescriptive sentence, the faulty regulations, and shortage of treasure, it affects practical action and holds back such criminal with many difficulties. The"Criminal Code Amendment (h)", which was agreed in Nineteenth Meeting of the Eleventh National People's Congress Committee on February 25, 2011, adjusts clearly the sentence degree of 294th and its related regulations, add treasure criminal, so that the features of organization sort of gangland are implemented and it has practical significance to severely attack the organization.Section Three: the preventing measurement and law improvement against the organization in our country. There are several shortcomings of unti-gangland law: firstly, the criminal name is relatively imperfect, because the law should include the crime to take part in the overseas gangland, the illegal action in addition to the one that overseas gangland organize crimes to employ members, and the illegal action of misprision and connivance for overseas gangland to enroll members and commit other illegal crime. Since the above illegal actions have the same threat to society, they should be attacked. Secondly, criminal law-making lacks precaution, so it is necessary to establish corresponding law-making precaution and attack the criminal committed by the organization sort of gangland. Thirdly, criminal law-making lacks anticipation. Realistically, the criminal situation of organization sort of gangland is so severe that law-makers should consider the future in accordance with the experience to fight against criminal in our country. At present, since the protection degree for witness, which influences successful scout badly, the present writer thinks that it is necessary to study sophisticated methods from other countries or areas to keep the secret indentify of witness, protect witness's body and perform as reliance for the witness. Besides, it is also necessary to equip inspectors with special spy methods and measurements. Meanwhile, it is obligatory to fight against corruption and eradicate the political umbrella of criminal organization, to approach, with corresponding methods, the criminal committed by the influential organization sort of gangland, through corresponding methods and unti-gangland units, to enhance social management, including managements for moving persons, business, and so on, and to advance international legislation cooperation, experience interaction, assignment of mutual or multiple cooperation treaty, the improvement of related laws and high-tech contract.