Font Size: a A A

Research On Organized Crime

Posted on:2010-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:S T QuFull Text:PDF
GTID:2166360272998439Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Organized Crime is developed toward the direction of specialization, modernization, intelligentization, and internationalization by means of the latest human R&D achievements with the development of culture and modernization. Organized Crime seriously threatens public security and social stability. It is one of the most important tasks of all levels of judicial authorities to fight against Organized Crime. This thesis analyses the causes, current condition, rules and growth trends of Organized Crime, and propose measures to prevent Organized Crime on the basis of the latest trends of Organized Crime. This thesis is divided into four parts:Part 1: Organized Crime and Organized Crime PreventionIt is necessary to pay attention to the entire development process of Organized Crime from its sprout, formation to growth and make clear its special characteristics according to other crimes when it is defined.The special characteristics of Organized Crime includes: a crowd of members, systematical crime commisions, organized anti-society, benefits oriented, various means to commit a crime. These characteristics make Organized Crime more dangerous and difficult to detect than any other crimes. We can separate Organized Crime easily from other crimes by these characteristics. Nowadays, the characteristics of Organized Crime in China mainly represent as quasi-sociality in organization structure, violence in behavior, causticity in crime means, economic benefits oriented, and danger to the whole society.Although there is no unified conception on Organized Crime in theory in China at present, theories and experts disclosed a part of the conception and characteristics of Organized Crime from their points of view and improvements are necessary in my opinion.Organized Crime should be defined as a kind of group crime. The group is well constructed with three or more persons. The aim of the group is to obtain economic or other benefits by breaking law with violent or other means.Organized Crime Prevention means the sum of measures, means, and policies which are used by a state to fight against and prevent Organized Crime. The principles of Organized Crime prevention includes law abidence principle, public participation principle, consolidation and harmony principle, scientism principle, and dynamic principle.Part 2: Foundation of Organized CrimeOrganized Crime arose inevitably from the development of crimes, political corruptions, the weakness of social crime control system, the increase of illegal demands, the slowness of legislation, and etc. Organized Crime develops as its internal rules just the same as any other things, and it went through gang crime, group cirme, evil forces crime, mafia-style organized crime, and gangdom crime. The development of Organized Crime can be divided into three periods: sprout period, formation period, and growth period. Organized Crime has further strengthened its organization, enhanced its economic power, extended its orbit, and showed its political orientation with its development. It is beneficial to grasp the trends of Organized Crime for preventing and beating Organized Crime efficiently.Part 3: Issues to Be Considered in Organized Crime PreventionOrganized Crime should be punished according to the current criminal law and related legislative and judicial interpretation. All levels of judicial authorities should play their roles to cooperate and fight against Organized Crime together. There are two kinds of things necessary when Organized Crime is punished. One is to distinguish personal responsibilities from organizational responsibilities. That means judicial authorities should restrict the range in which Organized Crime should be fought against according to the law and aviod extending or shringking the range arbitrarily. The other is to lie the emphases on fighting against the behaviors that cover up or connive Organized Crime, hidden crimes, and politics-oriented Organized Crime and money laundering. Those will not only safeguard our future reforms and openness, realize the leaping development of our economy, and keep the society stable, but also do good for civilians to enjoy their lives.Part 4: Organized Crime Prevention MeasuresOrganized Crime is increasing in China recently. It has arisen great attention among criminal law theorists and judicial authorities since it is very dangerous for social security. What we must do is to improve legislative and judicial procedures, enhance international cooperation, strengthen prevention mechanism in fighting against Organized Crime.China should set up its own special system to prevent Organized Crime. There are many things should be considered when China sets up its own system. The measures to prevent Organized Crime should match the new characteristics of Organized Crime and possess three characteristics: comprehensiveness, gradualness, and legality. It is our long-term task to fight against Organized Crime and more efforts are needed. Our goals are to increase economic development, make our country a wealthy, democratic, civilized, and mondernized country, strengthen socialistic spiritual civilization, form favorable social conducts.At the same time, we should also improve the measures that prevent Organized Crime continually, get our legislative pace faster, and realize legislation specialization; improve related judicial regulations, make anti-Organized Crime troops specialization; strengthen anti-corruption work and get rid of the"Protective Umbrella"of Organized Crime; enhance international judicial cooperation and increase the ability to fight against Organized Crime...
Keywords/Search Tags:Organized Crime, Gangdom Crime, Organized Crime Prevention Measures
PDF Full Text Request
Related items