Study Against The Criminal Legislation Of The Organized Crime

Organized Crime has become one of the focal problems, so the whole international society widely pay attention to it, And it has become more and more serious in our country. Therefore, how to oppose and effectively refrain Organized Crime has been the essential task of the criminal legislation in the world and also a huge challenge faced by our nation and government. Facing this huge challenge, first of all, we need to study and explore the conception and the developing trend of Organized Crime. What's more, we need to compare the practice of the other countries, especially the developed countries, and take advantage of their successful experience, avoid their wrong measures, and perfect our criminal legislation on Organized Crime. There are many different arguments among the definition of Organized Crime. So far, there isn't a general acknowledged definition. Among the foreign scholars'definition, there exists behavior conception, function conception, structure conception, general conception, narrow conception and so on. In China, there are nine representative conception on Organized Crime. However, we always define it from criminology and penal law distinctively. Criminology define Organized Crime by mainly focusing on social phenomena, emphasizing on the actual forms of Organized Crime, and generally define it as a dynamic process, from emerging to developing, from simple to complexity, from inferior to superior. It includes the joint crime committed by a certain group, the criminal activities committed by the criminal groups which have stronger and intensively manage and organizing, and the criminal activities committed by the organization possessing the under-world society's character or under world-society which has been mature in manage, organizing and committing the crime. Therefore, criminology defines it as all the organizing criminal activities which are committed on purpose by three or more than three people. Comparing with criminology, the penal law define Organized Crime closely relating to the norms of the law, emphasizing on describing the law character of Organized Crime, requiring precise definitude and the capability if operation. Therefore, relating to the rules of our penal law, it could be defined as the criminal activities, existing and keeping alive on a certain period, committed by the group possessing the under-world society's character or the under-world society, including ten or more than ten person, objecting to getting economic interest, having their own managing and organizing systems, and taking violence and bribery as their main means. According to the criminal legislation on Organized Crime in China and other countries in the world, it contain two aspects: one aspect holds that the crime directly relating to the under-world society or the group possessing the under-world society's character. It is very difficult that any rules intending to theoretically limit the criminal scope, because the crime committer by the under-world society or the group possessing the under-world society's character is widespread all over the world, and it is possible for them to commit the crimes if they want to do. In order to opposing and refraining the Organized Crime and legislating perfectly the criminal law of Organized Crime, most countries put hand to the crime directly relating to the criminal organization, then improving the criminal law and the criminal procedural law, and the administration measures as a supplement. Most countries legislate a law that the person who organizes or join the organized crime group, no mater he commits the crime or not, could be taken as criminal. If he joins the criminal organization and also commits the crime, he will get concurrent punishment for several crimes of joining and committing at the same time, The penal punishment on Organized Crime has become stronger and stronger, especially on the national government workers who take part in it , and most countries use the punishment of depriving property. In criminal procedural law, including routine processing and not-routine process, loosens the rules or evident system, allowing using some secret detective means such as installing the electric detection or wiretap. Most countries also take the administrative measures to tight the network of the criminal law on Organized Crime. In china, the 294th article of the criminal law is prescribing three kinds of crime directly relating to the Organized Crime: " the crime of the group and government officials who take part in the under-world society "; "the crime of the foreign group enter our country developing the under-world society "; "the crime of the group and person who cover up or connive the under-world society". These provide scientific basis for our country to opposing and refraining the under-world society organization. However, comparing with the criminal legislation of anti-Organized-Crime in foreign countries, ours has many defects: lack of foresight, logic, and coordination; lack of severity in establishing punishment. The blankness in some special criminal procedure and administrative measures rises the degree of the difficulties in confirming and refrain the legislative practice. Perfecting our country's criminal law on anti-Organized-Crime, we need put hand to the following aspects. On the one hand, we need to perfect the criminal entity law. The ways are as follows: firstly, make the definition of the under-world society more exactly; secondly, erect some new crimes concerning anti-Organized-Crime such as the crime of organizing, leading and taking part in the under-world society, and make criminal law having moderate foresight; thirdly, perfect the legal criminal law on the crime and concurrent crime committed by the under-world society or the group possessing the under-world society's character; fourthly, add the property punishment on it. On the other hand, we need to perfect the code of criminal procedure, and the ways are as follows: firstly, set up harmonize and extensive national government to oppose and refrain it,; secondly, give the investigator some special detective supplement and secret investigating means; thirdly, adopt special evident system; fourthly, set up and perfect the witness protection system. Using the administrative measures is also a main way to perfect the criminal legislation network of anti-Organized-Crime. Presently it is urgent to improve and perfect anti-bribery legislation, anti-money laundering legislation and to strengthen the administration of the dangerous goods like guns and ammunition.With the improving and perfect of criminal legislation of the anti-Organized-Crime, Organized Criminal could be punished on time. With our best efforts we are sure that we will effectively refrain Organized Crime at the end.