Economic Research Of The Operation Against Organizations In The Nature Of Criminal Syndicate And Other Evil Forces

As the rising of the "Chongqing Operation against Mafia", the whole country raised a storm of battle against organizations in the nature of criminal syndicate and other evil forces. How to see the storm rationally, how to rationally analysis of the object that the storm hit-organizations in the nature of criminal syndicate and other evil forces? This paper attempts to analyze and discuss the above problems through lagal and economics perspective. Hoping to take off the heavy policies and political coats of the movement, and show more legal and economic rationality. Moreover, this paper also can be a guidance of the practice of the "Battle against Mafia" from economic perspective.The mainly research method of this paper is law economic research methods. Specifically, using the cost-benefit analysis method of micro-economical,analysis of the cost of the organizations in the nature of criminal syndicate and other evil forces, including actual implementation cost, punish cost, expected punish cost, opportunity cost and other costs, and the revenues. And taking it as a starting point, by raising the cost of crime and reduce its earnings, to achieve the real purposes of battle against mafia. Other research methods used by this paper mainly cantains: (1)the law-sociology research methods. The prevention of mafia is a system project, such as improving the opportunity cost, which involves how to create a good social environment, give the potential offenders a better development space, which is a sociological problem, and also a problem needed to be solved by sociologists. (2)the comparison research method. By comparing the provisions of mafia and the corresponding legal practices between German, America, Italy, Japan and other countries, we can see that the organizations in the nature of criminal syndicate in China has not to be the mature stage yet, and we should play intensify efforts to curb its development into the senior form.The main contents of this paper are as follows:(1) The introduction of economic analysis method. Economic analysis method has formed its own method system, although the method system shows different paths under the developent of different school, but the main ideas and principles remain the same way. These ideas and principles have different applicable conditions when appling to specific studies. Based on the specific research object -the crime of the organizations in the nature of criminal syndicate and other evil forces, this paper species and decreases the traditional method of economic analysis, in order to better analysis of the mafia.(2)The reorientation of the crime of the organizations in the nature of criminal syndicate and other evil forces. Based on the existing research results, this paper puts forward three stages of the organised crime, said "evil forces" crime as the first stages, namely the stage of primitive accumulation of capital; The organised crime regulated by the current criminal law of China is the second stage, which called "blanch" stage in this paper;The third stage is the advanced stage of its development, and the international prevailing appellation is organised crime groups. The respectively characteristics and the relationship of the above three stages is also mainly discussed in this paper. (3)The cost-benefit analysis of the crime of the organizations in the nature of criminal syndicate and other evil forces. By analyzing the cost and benefits of the crime of the organizations in the nature of criminal syndicate and other evil forces, to put forward the corresponding countermeasure, namely, increasing their criminal costs and reducing its crime gains.(4) The cost-benefit analysis of the criminal punishment to the crime of the organizations in the nature of criminal syndicate and other evil forces, mainly to solve two problems, namely, punishment benefit maximization and balance. The former refers to how to maximize the effects of exerting the crime under the limited punishment investment; the latter refers to how to achieve the equilibrium between the punish inputs and the decreases of crime quantity, and finally achieve the optimal deterrent.