The Substantial Evidence Research Of The Organization Crime Of The Underworld Property

The organization crime of the underworld property is a kind of crime phenomenon, which is already a great deal of emergence in our country and result in huge of endanger for society. over several years a lot of scholar systematically studied it from criminological of the angle and get a great deal of of theories result.This text carried on more overall research to the underworld property organization crime from the angle of substantial evidence,which is mainly from the connatation, token, present condition, existing problem, establishing the norm pursuing mechanism etc.It came to explicit conclusion and put forward the concrete speculation of pursuing mechanism of establishing norm underworld property organization crime,which provided theories basis and drawing lessons from business operation,for example, investigating, sentence, measurement of penalty for judicial organ etc. true war section.Firstly;It finally came to conclusion that the organization crime of the underworld property is a crime that underworld property organization implement by investigating a variety of doccuments. "The organization of underworld property" should in the meantime have the following characteristics:Organization, seeking profit , violence, very severe social harmfulness.Secondly;It elaborated the present condition and concrete token of the organization crime of the underworld property in our country current underworld property organization crime:(1)There is obvious organization; but the layer is not strong.(2) There is obvious economical purpose; but political purpose is not outstanding(3) The crime activity have obvious region (4)The combination of violence and flimsiness(5) The material of crime incline to regular turn, modernization and a certain of armed resisting ability.(6 )The crime type and means are towards the renewal.Then it elaborated the creation, development and the present condition of judicatory of underworld organization crime abroad the United States, Italy, Russia, Japan etc.and induced its different and similar point.Again;It analyzed the judicatory predicament of the organization crime of the underworld property in our country.(1) There is the problem of inexplicit expression and misty language when we define the underworld property organization in the law .(2) There is the problem of the disunity of lawmaking and explaination between the tallest right organization and judicial organ.(3) There is the problem of the disunity of the standard of stroke and pursuing for between the region and section in our country.(4) There is the problem of the lagging of the law provision of underworld (property) organization crime and it is not perfct.(5) The difficulty of investigating case of underworld (property) organization crime at present.Finally; It normalized the concrete speculation of the pursuing mechanism of the organization crime of the underworld property. (1) The lawmaking needs to be perfect.On the one hand; we should mainly make the following several lawmaking perfect in the entity method.On the other hand;we should mainly make the following several lawmaking perfect in the law provision of the litigation procedure.(2) We should establish perfect and unified pursuing mechanism on the judicatory.Firstly; To normalize the judicatory explanation.Secondly; To establish the perfect and unified work mechanism.Thirdly;To strengthen the assist and cooperation of international crime judicatory.Forthly;To improve the professional character and investigate level of the judicatory personnel in the stroke of the organization crime of the underworld property and enhance its proof consciousness and proof usage ability.Fifthly;To establish stain witness' system and strengthen witness protection strength.Sixthly;To enhance the protection strength and protection means of judicatory personnel in the stroke of the organization crime of the underworld property.Finally;To strengthen and normalize the usage of the secret investigate means in the stroke of the organization crime of the underworld property.