Research On The Crimes Of Mafia-style Organization

Crimes of mafia-style organization, with drug pushing and terrorism, are called generally the world's three disastrous delinquencies. Since late 20th century, crimes of mafia-style organization spread throughout China with surprising speed, which have had a strong bad impact on stable social order, and have become big threat to people's life and property. Therefore, the Criminal Law revised in 1997 enriched the contents about underworld crimes, and in Dec. 2000, Apr. 2002, the Supreme People's Court and the Standing Committee of National People's Congress made legislative and judicial interpretations respectively, which provide legal weapon for fighting against these kinds of crimes. Yet the regulations are somewhat vague defined in the Law, and interpretations are not so detailed, and the judicial authorities have different understanding respectively. Those lead to deviation in practice while the characteristics of mafia-style organization were defined. Dis-unified standards caused perplexity and controversy. So there is significant theoretical value and practical importance in researching into mafia-style organization and collected crimes, for precisely defining the organization, lawfully fighting and reducing crimes of this kind effectively, and improving public security. With a view to the difficulties in defining and transacting crimes of mafia-style organization in judicial practice, this essay lay out its views on concept of the organization, and expatiated upon specific defining standards of features of its organization structure, economic power, behavior, and illegal control. Then it was discussed about the position and responsibility division of its organizer, leader, and participant; applicable clauses to a crime and multiple crimes. Evidence standards of prosecution are analyzed. On the basis of comparative analysis of anti-gangland criminal legislation of other nationalities, defects of our current legislation against the crimes of mafia-style organization are pointed out, and some proposals are made for completing substantive law and adjective law in China.