| After the Reform and Opening policy, with the development of our economy, the gangland crime, as a typical organized crime occurred more and more frequently and it did damages to our nation's security and people's life. At first, our government made a strike-hard policy on the organized crimes, but its effect was momentary. As soon as the strike-hard policy ended, the public security order went worse again. Obviously, the strike-hard policy was not an effective way to solve the problems caused by the organized crimes.Crime is a social phenomenon caused by comprehensive factors. To crack down the crimes is just one way to control the crimes. What's more, to figure out the reasons why the crimes exist is of great importance.Organized crimes have some similarities with enterprise in the economic mode and behavioral patterns. This essay tries to analyze the process of the occurrence and the development of the organized crimes on the base of the theory of classical economics, neoclassical economics, new institutional economics, and in the model of the economic theory of modern enterprise. Meanwhile, in order to set up a diverse system to prevent the organized crimes, it tries to describe and analyze the organized crimes with the economic analysis of law and the sociology of law.This essay consists of three parts and has 35,000 words in total.The first part will talk about the concept and the characteristics of the organized crimes.The begging of the first part followed by the existence form and the history of the gangland crimes will introduce the concept of the organized crimes. Then it talks about the organizational forms of gangland crimes which have a developing order as tribe, underworld gang, guild, company and multinational criminal gang. At last, it analyzes the economical characteristics of the organized crimes from the aspects of unlawful profit-making, enlargement of economy, industrial monopoly, compelling transaction, excess profit, encouragement of organization, corrosion of power.The second part will analyze the enterprise economic pattern of organized crimes. First, it will discuss the meaning of analyzing the enterprise economic pattern of organized crimes. Second it will introduce the methods of the above analysis. They are analytical method of "cost-profit", theory of scale economy, imperfect market paradigm-monopoly and act of agency-theory of intensive compatibility, and rent seeking theory. In this part, it will also comparatively analyze the act of an enterprise and the crime of a gang from the view of the development, profit making, and power controlling. In the end, with the method of analysis on the enterprise, it interpreted the motive, the legal transition, the illegal rent creation, the rent-seeking under power, the organizational efficiency of the organized crimes.The third part will be about how to prevent this kind of crime by law.To prevent the organized crimes is a complicate task. According to the present situation of the gangland crimes occurred in our nation, we should take different measures to prevent crimes of different industries and of different stages as the first step. Secondly, considering the price of the punishment, the encouraging analysis of the organized crimes, and the encouraging commentary of the punishments related to the organized crimes, this essay will explain the negative influence of the punishments on the criminal organizations. Finally, four ways of controlling the rent-seeking under power by law will be introduced. They are to weaken the power of the government with administrative license, to regulate admittance into industries by law, to protect the order of the market by law, and to supervise the power publicly. |
