| The crime, a kind of extremely serious mafia crime phenomenon, had already attracted the great attention from the countries all over the world. In recent years, the mafia crime phenomenon was rampant day by day, and had seriously endangered the people's safety of life and property in our country, even had bought serious impact and destruction to the present socialist on our country and social public order management under the new situations. In order to effectively control this type of crime, it was regulated in the Chinese"Criminal Law"and"the Code of Criminal procedure". The problem of Mafia, was also equally disturbed the foreign governments. They had made many successful experiences in criminal legislation, judicial protection, and anti-triad organizations, etc, after striking against criminal gangs for so many years. Along with the new trend of criminal gangs, the current law we made had been unable to meet the needs to control organized crime. Based on the foreign control of the criminal law, and the development trend of Chinese Mafia, this article had three parts, which are criminal legislative, judicial guarantee, and institution construct, to discuss the status quo of the Chinese law controlling, and to analyze defects that we had. So that, the author provided some perfect proposals, to adapt to the new trends of Chinese mafia.CHAPTERâ… the Status of Law to Control Mafia CrimeThis part included the status of foreign law to control mafia crime, and the status of native. It was the basic point to learn from the successful experience of foreign, and analyze defects that we had. This part introduced the status of foreign and native law to control mafia crime, from criminal legislative, judicial guarantee, and institution construct. So that, it is easy to analyze the status of native law that control mafia crime, and learn from the foreign experience. In foreign part, it introduced the law of American, Germany, Italy, and Russia, etc, in criminal legislative, judicial guarantee, and institution construct, which they had gain so many achievements. In native part, it summarized the law against Chinese mafia in"Criminal Law"and"the Code of Criminal procedure", and the situation of institution construct. After that, it was easy to analyze defects we had in controlling mafia crime, and consummate we would do.CHAPTERâ…¡the New Trend of Chinese Mafia Developing and Analysis Native Law in ControllingThis part included the New Trend of Chinese Mafia Developing and Analysis Native Law in Controlling. In the New Trend of Chinese Mafia Developing part, it analyzed the situation of Chinese mafia. It transformed from lower forms to higher, collaborated with overseas mafia, infiltrated to the political and economic fields deeply, and enhanced the quality of its members, etc. In the part of Analysis Native Law in Controlling, it pointed out some defects in criminal legislative, judicial guarantee, and institution construct. In criminal legislative, it was unscientific to describe accusation, instauration accusation, and set up punishment. In punishment, it was light for the mafia crime, and lack of property penalty. It also had defects in parole and recidivists for mafia crime to apply punishment. In judicial guarantee, it was distemperedness in Witness Protection system. Comparing with the foreign system of witness protection, we had a long way to consummate. In institution construct, the police department had set up Anti- Organized Crime Investigation Division, but it not found in district, only in Shanghai, Guangdong, and Zhuhai, which fighted against mafia crime. So that, it was hard to control mafia crime. We were unable to considerate the whole situation of the mafia case. The situation was that it lack of personnel, bankroll, and the equipment of detecting. It did not avail to control mafia crime. After above analysis, it was easy to discuss the proposal to consummate how to control mafia crime.CHAPTERâ…¢the Improvement of Control for Chinese MafiaThis part was the center of gravity in this article. Along with the new trend of criminal gangs, and so many defects to control Chinese mafia, the current law we made had been unable to meet the needs to control organized crime. The author provided some improved advices to solve the defects in criminal legislation, judicial protection, and anti-triad organizations. In criminal legislation part, it should be emended, in the describing of accusation, to delete the word of"control any area with violence or the other methods","violate the law and commit crimes", and"tyrannize or cruel the people", etc, and make the criminal law have the characters of foreseeing and stability in the future. The punishment for mafia crime should be much crueler than current penalty. It should be legislated corruption law to make the mafia lost Political Asylum. The property penalty should be added to cut off the economic source, avoiding the mafia continue to crime. In supplementary punishments, it just regulated depriving political rights, which can be selected between principal punishments and supplementary punishments in criminal law. After applied principal punishments, it must be added depriving political rights to Chinese mafia, so that we can prevent the phenomena of black gold politics. Improving the concrete application of penalties in the criminal elements must be strictly applied when the master of sentences, will be cut down by the general reduction in enforcement of the law should indeed commutation of sentences should also pay attention to the frequency and amplitude control. It was necessary to remand paragraph 2, article 81 of criminal law, and ruled that the primary members of triad-related organizations shall not be applied suspension of sentence. It should be legislated special recidivists against Chinese mafia, who would not apply recidivists, if he was punished. The Chinese mafia should be penalized heavily, and forbid to apply suspension of sentence. In judicial protection, the work of witness protection must be strengthened. Before testifying, it was necessary to strengthen security work, during testifying, to strengthen protection work, after testifying, to strengthen the work of resentment and compensation. In institution construct, we should establish and improve the work of anti-triad mechanism and adopt competition mechanism, to make responsibilities, rights, and interests combinative. It was necessary to strengthen the anti-triad work in training and deployment professional persons. It should train the professional teams, who could fight against mafia crime easily. It should increase the ability to detect anti-triad crime, and funding, equipment and other inputs. It should strengthen coordination between various departments, and cooperation with the International Criminal Police organization. We can control the Chinese mafia crimes, and transnational organized crimes better.
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