The Research On The Difficult Problem Of Identifying Mafial-style Criminal Syndicate

Mafia-style Criminal Syndicate is endangering the development of economy and even the stability of the whole society as a malignant tumor on the fabric of society and is a social harmfulness very serious crime groups, so we must attack it harshly with law. We should conscientiously implement the basic criminal policy of "tempering justice with mercy" to attack Mafia-style Criminal Syndicate harshly, but we crack down the organized crimes strictly according with identifying Mafia-style Criminal Syndicate.At present our country academic circle consider that the essential characteristics theory of Mafia-style Criminal Syndicate is greater difference. The standard of The illegal control feature is unclear, the defining of Mafia-style Criminal Syndicate member is more difficult, we are lack of deep grasp just for differences and relationship between the unit and Mafia-style Criminal Syndicate.This paper will study and discuss this knotty problems to establish Mafia-style Criminal Syndicate for punishing the criminals.Part 1 is about the essential character of Mafia-style Criminal Syndicate. This part mainly discuss that the essential character of the criminal society structure is different from the character of the normal criminal group.The illegal control is the essential characteristic of Mafia-style Criminal Syndicate,and is obviously different from the general organized crimes,and is the key to identify Mafia-style Criminal Syndicate.In judicial practice, we should analyze the the provisions the illegal control by the legislative interpretation seriously and grasp it strictly.Only do we master the illegal control of Mafia-style Criminal Syndicate seriously,we can accurately identify and crack down Mafia-style Criminal Syndicate.Part 2 is about the members of Mafia-style Criminal Syndicate. This part mainly discuss that the members of Mafia-style Criminal Syndicate are the essential element of Mafia-style Criminal Syndicate and are also the undertakers of the criminal responsibility,so we should accurately identify the members of Mafia-style Criminal Syndicate.we strictly grasp these subjective and objective aspects, and accurately identify its position within the organization. According to status and function of the members of Mafia-style Criminal Syndicate in the criminal society organization, the members can be divided into three parts:the organizers,the leaders and the participants. In judicatory practice, we should hold whether it is the bound of the members of Mafia-style Criminal Syndicate or it is the bound between the members of Mafia-style Criminal Syndicate and the protective umbrella.Part 3 is about the relationship between Mafia-style Criminal Syndicate and the units. This part mainly discuss that Mafia-style Criminal Syndicate has to do with the legal units closely,when Mafia-style Criminal Syndicate gains the maximum illegal economic profits.A more mature Mafia-style Criminal Syndicate often form a legal unit,and crimes unit may "Metamorphosis".In judicial practice,we must accurately distinguish Mafia-style Criminal Syndicate and crime units,and strictly identify the situation of unit "transformation". Units can be set up unit crime group, in other words, the unit can serve as a member of the crime group, but not as a Mafia-style Criminal Syndicate member. Mafia-style Criminal Syndicate may set up companies,enterprises and other units in the establishment, survival and development and growth process,and may also jointly commit crimes with units,and get flat and subsidies for the case.In judicial practice,we must accurately identify their nature,and thus accurately identified organized crime groups, and then crack down Mafia-style Criminal Syndicate.