On Issues Of The Underworld Crime

Underworld Crime is one of the most dangerous and widely influential crimes in the world so that it is very difficult to combat. In China, as the economy continues to develop, along with various social contradictions have been sharpened, but also induced the rise of Underworld Crime trends. In recent years, with the growing of investigated Underworld Crime, gangs and evil forces, how to prevent and combat the Underworld Crime has also become an urgent and important issues to face with. This thesis introduce and analysis the foundation of Underworld Crime, the basic situation of underworld society in China, the problems encountered in judicial practice of Underworld Crime and the defects and perfection of legislation. The thesis is divided into four chapters, the text of about 32,000 words.The first chapter reviews a variety of existing names and concepts of Underworld Society Crime and analyzes the causes of these different concepts. It is more reasonable to define Underworld Crime in a narrow and criminal sense than call it"Organized Crime"in an international way. This thesis holds a point of view that the existing of Underworld Crime is resulting from social conflicts, the impact of social sub-culture and the imperfection of social system. The existence of Underworld Crime has a certain and reasonable essence, so we should have a ration view of this crime.The second chapter describes the legislative history and the new features shown in new era of Underworld Crime. The unique concept"Underworld-Style Crime"in China is a semantic ambiguity and confusion in legislation that causes a lot of difficulties in judicial practice."Underworld-Style Crime"should be replaced by"Underworld Crime"The third chapter analyzes the judicial practice problems of Underworld Crime.?The difference between Underworld Crime and other similar concepts is whether taking an unlawful control. The membership organizing, leading or joining Underworld and competing with other criminal offenses should be strictly applied graft. Underworld members should identify a clear distinction in standards. Members of should be strictly distinguish from the organizers, leaders, active participants and general participants and decide what responsibility they should be borne.The forth chapter analyzes the legislation defects of Underworld Crime in China and puts forward corresponding improvement measures. Firstly, make the definition of Underworld Crime more exactly; Secondly, add new articles in Criminal Law and increase corporate crime; Thirdly, continue to improve the sentence of imprisonment on the penalty and punishment against property; Fourthly, perfect the supporting laws and criminal measures; Fifthly, establish a special procedure against Underworld Crime.