The Study On The Identification Of The Underworld Organization

As our country's economic and social development, underworld crime in China is getting worse and worse. So accurately identified this crime is effective against and inhibit the premise of such crimes. In order to get a clear identification of Triad society and the distinction between Triad society organization and other criminal organizations, this paper discuss the identified of Triad society organization through the description of features and comparative and Analysis. This paper has three major components:The first part is the definition of the Triad society organization. To accurately describe and identify a thing, you should first make a precise definition of it. In this part, through sorting out the legislative the Triad society organization through the academic theories on the definition of gangster comparative analysis of results reveal the definition of the Mafia the so-called organized crime groups, is the main economic benefits Purpose, with the means of organized violence and other illegal and criminal activities, access to certain economic strength and in a certain area or industry to form a strong influence or control, with a high degree of violence in highly organized criminal group.The second part is about the identified of the underworld organization. This section is from the differences in the practice about the underworld organization, we discuss how to accurately identified the underworld organization by the social characteristics, economic characteristics, behavioral characteristics and control characteristics. I believe that only a criminal organization while meeting the five characteristics can amount to underworld organization. In terms of social characteristics:the organization should have a social structure, with permeability of the public sphere to the social and legal order of society against anti-social Nature. In economic terms:it must have unique and stable economic base to support the conduct of their criminal activities and maintain organization's operations. Organizational characteristics:the organization has many numbers, a relatively clear organizers, leaders, some key members and there is more strict organizational discipline. In the behavioral characteristics:the most important behavioral characteristics of the organization is violence or violent coercion. Illegal controlled characteristics:the organization should activities in the formation of a larger control or influence in a certain geographical or a certain industry through the formation of an illegal criminal to create a confrontation with the legal order of society. The author also pointed out that seeking "protective umbrella " is a way to establishment the control and one of the means to escape legal sanction, but not the only and necessary means to. Therefore, that the " protective umbrella " is presence or absence is not the necessary essential factor for the identified of the underworld organization. "Legislative interpretation" and "Criminal Law Amendment Eight" also reflects this.The third part discusses the difference between underworld organization and other criminal organizations. In the relationship with the Triad society, I believe that the typical underworld organization and underworld organization exists side by side. Distinguish between the two and the reservation of the "triad" of the title, is conducive to implementing China's crime policy of fight against the underworld organization crime, also conducive to accurately identify the existence of the criminal organization in this stage. I distinguish the underworld organization from the normal criminal organization through harmful levels, organizational structure, activities, and economic base. I also tell the difference between the crime unit and the underworld organizations.