Research Of Mafia-style Organization Crimes In China

The underworld is the most organized criminal prototype,as which UN regards one of three criminal disasters in the world, and specifically regulates some International Conventions. Every country in the world especially western countries pay greatly attention to confining underworld and make relevant laws to dispel severely its organizations. When Criminal Law was amended in 1997,the Legislature stipulated clearly underworld crimes which have no codes to comply in the past, and then proclaimed some legislative interprettations to meet legitimate needs for eliminating underworld crimes.China was cautious about making laws concerning underworld crimes for very little experience of combat. Otherwise this situation is not definitely suitable for the reality that underworld crimes in China are sprouting abruptly,and this situation is far away from international criminal legislation and judicature of anti-underworld crimes. How to improve legislation of underworld crimes is a focus of the circles of criminal theory and judicial practice,and is also the problem emergently to solve. The author of this thesis tries to analyze underworld crimes from criminal laws. Starting from conception and feature of underworld organization,the author explains the basic conception and relation between organized crimes and underworld and points out that underworld is the most organized criminal prototype. Then, the author generalizes the conception process of underworld organization develops in China, which how the new lawful terms transform from local government documents,and coneludes that the lawful feature of underworld organization in China has the character of underworld crimes which lacks of consistency. The author discusses the stipulation of punishment for underworld crimes by criminal laws,and analyzes lawbook contains,based on the feature of underworld organization. The author disputes the related laws about crimes of underworld organization. First of all the author believes that criminal legislation lacks of forecast,integration , configuration and aim for, and underworld crimes are punishedslightly. The law concerned underworld organization is defined so ambiguously and unreasonably that cannot explain the structure feature of underworld organization correctly. Introduction of criminal legislation for anti一underworld in some countries and regions we should learn, especially in Italy, US,Japan,HongKong and Taiwan. On basis of the view, the author summarizes the experience and headline of antiunderworld in these countries and regions. Improvement and recommendation of criminal legislation for punishment of underworld crimes. To sum up others'thoughts. the author introduces the definition of underworld organization to meet the need of legislation. For example,the company subject of underworld crimes should be regulated clearly,underworld crimes should be punished severely in some degree,so on and so forth.