Research On The Crime Of Mafia-style Organizarion

The crime of underground organization is a serious crime punishable by penal law which seriously undermines social harmony and stability, affects the life and property of the people, disrupts social order and poses as a threat to the basic level government. However, due to the absence of a common definition of the concept of underground organization, as well as the differences in the understanding of the characteristics of underground organization and the standards in defining those organizations, certain difficulties exist which hamper crushing down of those underground organizations in China. This article does research on underground organizations from four perspectives. The first part is about the concept and characteristics of underground organization. This part begins by introducing the concept of underground organization, and through comparing and analyzing the differences between judicial interpretation and legislative interpretation on defining the characteristics of underground organization, this part explains the reason and merits of the legal interpretation; through comparing the concept with related concepts such as crime gangs,evil groups, this part grasps a general understanding of underground organization; lastly, this part emphasizes on explaining the four legal characteristics of underground organization, namely, the characteristic in organization, the characteristic in behavior, the characteristic in economic factor, the characteristic in illegal control. The second part employs an empirical method in studying the age, education, job and criminal records of the members of underground organizations which have been uncovered in the special anti-underground organization actions in Anhui and Chongqing,analyzes the current situation of underground organization, and deduces the future developments of underground organization in China. The development possibilities includes 4 aspect:Firstly, the underground organization will adopt the form of corporations, which will increase the covertness, and the harm and economic power of the organizations and increase the difficulty in fighting them; secondly, the underground organizations will take further steps in infiltrating the political arena; thirdly, the evil groups will form,develop and regenerate more quickly and be rampant in the rural area and city suburbs, seriously affecting public security; fourthly,the bottom levels of underground organizations will transform into a more loose form and the members will include more and more people from the underprivileged group as well as paid members, rather than former convicts; also, there will be more co-operation between the underground organizations; fifthly, the underground organizations will adopt new behavior such as soft violence and other new crime types. The third part discusses the possible causes of underground organizations from the perspective of sociology, emphasizing on six factors, namely, historical and cultural traditions, social class division, outer temptations in market economy, lack of sufficient control by local government, absence of social group control and the influences from foreign underground organizations. The fourth part proposes 4 prevention and control measures based on the four aspects including the current situation and future development of underground organization, as well as the causes of its formation:Firstly, establish and perfect the legal prevention mechanism by adding new charges,tightening the net of penal law as well as ensuring the effectiveness of judicial prevention and control; secondly, establish appropriate social -economic policies by developing and improving social security and comprehensive administrative measures; thirdly, strengthening basic level government; fourthly, developing multi- cultural and educational mechanism.