Study On Legislative Improvement Of Crime Of Underworld-like Organization

In recent years, organized crimes in our country become more serious day after day. Some of which have developed into underworld-like organizations, whose campaign scope more and more broad, organization level more and more tight, criminal arrogance more and more rampant, becoming a serious problem of threat to people's lives and property security, and disrupting of economic order and people's daily activities, and must be hit sternly with firm and strong measures. "Strike-Hard"campaign one by one carried out in our country is not enough and sufficient, however, we must improve the legal system regarding punishment of underworld-like organization crimes. According to the stipulations of the Criminal Law of our country, underworld-like organization refers to the criminal organization which commits organized illegal or criminal acts through violence, threat or other means, such as lording it over the people in an area perpetrating outrages riding roughshod over or cruelly injuring or killing people, thus seriously disrupting economic order and people's daily activities. Because of the indefinite description of "underworld-like organization"in the Criminal Law, it is difficult to define a criminal organization to what extent to be considered as underworld-like organization in our judicial practice, therefore, the "Interpretation of the First Paragraph of Article 294 of the Criminal Law of the People's Republic of China"gives a definite interpretation as follows: "underworld-like organization "prescribed in the first Paragraph of Article 294 of the Criminal Law shall, at the same time, possess the following characteristics: the features of structure, act, economic strength and social background of underworld-like organization, but I think , the so-called feature of economic strength should not be considered as the body feature of underworld-like organization, and the key to define a criminal organization as underworld-like organization lies in its behavior In recent years, organized crimes in our country become more serious day after day. Some of which have developed into underworld-like organizations, whose campaign scope more and more broad, organization level more and more tight, criminal arrogance more and more rampant, becoming a serious problem of threat to people's lives and property security, and disrupting of economic order and people's daily activities, and must be hit sternly with firm and strong measures. "Strike-Hard"campaign one by one carried out in our country is not enough and sufficient, however, we must improve the legal system regarding punishment of underworld-like organization crimes. According to the stipulations of the Criminal Law of our country, underworld-like organization refers to the criminal organization which commits organized illegal or criminal acts through violence, threat or other means, such as lording it over the people in an area perpetrating outrages riding roughshod over or cruelly injuring or killing people, thus seriously disrupting economic order and people's daily activities. Because of the indefinite description of "underworld-like organization"in the Criminal Law, it is difficult to define a criminal organization to what extent to be considered as underworld-like organization in our judicial practice, therefore, the "Interpretation of the First Paragraph of Article 294 of the Criminal Law of the People's Republic of China"gives a definite interpretation as follows: "underworld-like organization "prescribed in the first Paragraph of Article 294 of the Criminal Law shall, at the same time, possess the following characteristics: the features of structure, act, economic strength and social background of underworld-like organization, but I think , the so-called feature of economic strength should not be considered as the body feature of underworld-like organization, and the key to define a criminal organization as underworld-like organization lies in its behaviorprovisions regarding underworld-like organization crimes in the Criminal Law . However, in China, under the current circumstances, it is impossible to make such a specific legislation regarding underworld-like organization crimes. Therefore, the feasible way is to improve the present special provisions of punishment of underworld-like organization crimes in the Criminal Law. First, the definition of underworld-like organization in the Criminal Law shall be given in the enumerative way in order to reduce theoretical dispute and for convenient judicial operation. Secondly, further tighten meshes of the criminal law, increase the relevant new crimes, amend and supplement to the present charges and counts, introduce the concept of "underworld"into the Criminal Law, stipulate "crimes of forming, leading or taking part in underworld organization", add "crimes of taking part in underworld organization abroad "and "crimes of going entry to engaging in underworld activities", make them correspond with "crimes of going entry to recruit members for underworld organization abroad ", thus conform to the principal of a legally prescribed punishment for a specified crime. Stipulate subjects of "crimes of harboring or conniving at underworld-like organization "and "crimes of harboring or conniving at underworld organization"as general ones, at the same time, stipulate: "any functionary of a State organ who commits such crimes shall be given a heavier punishment ". Thirdly, increase the legally–prescribed punishments of underworld-like organization in the Criminal Law in force, add punishments of confiscation of property. As one of the most serious crimes, underworld-like organization crime does great harm to society, so I suggest that whoever forms, leads, takes active part in underworld-like organization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 10 years. The members of underworld-like organization and underworld organization and those who take part in crimes mentioned-above shall be...