Identification On Crimes Committed By Triad-Style Gang And The Criminal Responsibilities Of The Members

The combat against Triad-style gangs in Chongqing in 2009 put crimes committed by Triad-style gang into public view, and the Adoption of theâ…§Criminal Law Amendment takes article 294 back to the focus of discussion. Crimes committed by Triad-style gang are great threats to safety and stability of our country and society, to people's daily life and to the peace of the whole world. Our country is in a critical period of social transformation. The weakness of the social regulatory capacity combines with large number of social conflicts. The combination makes the breeding of crimes possible. Since the reform and opening up, the economy of our country is in a rapid development, but the related laws and regulations lag comparatively, which provides conditions to the Triad-style gangs'rapid expansion. The crimes committed by Triad-style gangs disrupted the normal social order, influences people's everyday life and threatens the stability of the society. The crimes committed by Triad-style gangs have increasingly become the obstruction of the further development. Research on how to guard against crimes committed by Triad-style gangs has the practical significance.The article is separated to three parts to elaborate the identification on crimes committed by Triad-Style gangs and the criminal responsibilities of the members. The 1st part discusses the identification and characters of the Triad-style gang and the characters of the crimes committed by the Triad-style gangs. The 1st part also includes the identification comparison of the Triad-style gang and the other concepts. Firstly, the comparison will make the identification of the Triad-style gang and its crimes more clear. Secondly, the comparison is the foreshadowing for the next parts, since in this article, the similarities and differences between the crimes committed by Triad-style gangs and joint offence or unit crimes are important to determine the criminal responsibilities the gang members should take. The 2nd part discusses the theories of the criminal responsibility and its basis, which is the theory foreshadowing for the next part. In this part the related theories from civil law countries, common law countries and China have been described. In the end of the 2nd part is the author's point of view, in which the basis of the criminal responsibility should be classified to legislative basis and judicial basis. The legislative basis refers to the negative attitude, which has been reflected from crimes, towards the existing orders. The judicial basis refers to all the regulations and facts which can determine whether criminal responsibilities exist or influence the amount of it. The 3rd part analyzes the related legislations on the basis of the characters of the crimes committed by Triad-style gangs discussed in the 1st part and the theories about criminal responsibility received in the 2nd part. What's more, the 3rd part also discusses the possible problems judicial officers might face when they try to decide the amount of criminal responsibilities of the gang members.