Organized Crime Nature Crime Certain Question Research

The organized crime nature organization crime is a charge which our country in 1997 the criminal law additionally built newly. This charge establishment, has provided the legal basis for our country judicature practice punishment organized crime nature organization crime. But in the judicial practice, how limits the organized crime nature to organize this question, has wide divided opinions, unable to agree. The black social nature organization crime is our country fords the black organization crime the legal form, the limits fords the black organization crime the scope to relate directly to has the concern relation black case the bulbar ring size question, in current hits black eliminates local tyrants in the special struggle, because the judicial organ is the organized crime nature organization crime is at the fuzzy condition regarding any, moreover the educational world to the organization crime viewpoint, still did not have the unification definition, therefore also has formed the chaos which recognized to the organized crime nature organization, therefore, our standpoint was: Must have to attack to the black social nature organization crime, but to does not conform to legal and the judicial interpretation stipulation fords the black case, cannot be suitable the criminal law 294 stipulations. Fords black organization crime the type only then two kinds, namely the organized crime nature organization crime and the organized crime organization crime, limits the organized crime to have to promulgate its essential characteristic, regardless of is the organized crime nature organization crime which in the criminal law stipulated, in criminal law stipulation organized crime organization crime, all some common essential characteristic, namely crime organized, only then conforms to this characteristic, can recognize for the organization crime. Looked from the highest judicial organ's stipulation that, the Supreme People's Procuratorate, the Supreme People's Court, Ministry of Public Security to fords the black case abandons the specification, blind attack.According to criminal law 294th and in 2000 the Supreme People's Court, about tried the organized crime nature organization crime the case to apply the legal certain questions explanation stipulations specifically, the black social nature organization should have following four characteristics generally, namely: Organizational structure, economical influence, illegal protection and behavior way.Decides the time in the crime criminal law, only then solidly consummates in the legislation to work hard, can defer to legal holds true has the festival the attack related crime, therefore looked from the long-term benefits, the perfect criminal law related provision, consummates the attack organization crime the procedure legislation, the consummation related judicial interpretation is urgent.