The Definition, Causes And Countermeasures Of Organized Crime

Organized crime is an extremely serious crime situation,which seriously undermined the social stability and impeded economic development and progress of social civilization.States and the international community have been given it great important attaches,and done a lot of research on the issue of organized crime.For the study of organized crime,it not only explore its theoretical significance also lies in the concerns of reality.In this paper,we make our own opinions through comparison of the concept of organized crime;analyse the causes of organized crime through a combinational method of theory and reality of the case;and then find the countermeasures to prevent and punish the organized crime.Such as criminal policy measures,legal measures,international cooperation measures,as well as other series of countermeasures which aimed at curing the disease.Article is divided into three parts,as follows:The first part discusses the concept of organized crime.First,introducing the definition of organized crime made by some country's legislation,and made its comparison and analysis, pointing out its strengths and weaknesses;then introducing the academic concept of organized crime and making analysis;Based on the analysis and comparison of the concept of organized crime,we think that organized crime refers to the crimes,which involving 5 or more people to form an organization of well-structured,hierarchical and relatively stable long-term,and the organization has a strong economic strength,and accesses illegal economic benefits by organized violence or threats of violence and under the protection of "umbrella".Organized crime must also have the following characteristics:1.From the purpose of speaking,must be based on economic benefits for illegal purposes;2.For the organizational structure and scale up,5 or more people form a "pyramid" style of power distribution system of well-structured and hierarchical.3.Tend to have the "protective umbrella" to shelter their criminal activities.4.In criminal means and methods,with the characteristics of sexual violence;5.On stability,generally be a long-term existence,the members are basic fixed;6.Such organizations are generally more abundant economic strength.On this basis to define the triad organizations which are just a form of organized crime;to draw a distinction between organized crime and terrorist organizations,criminal cult.These definitions basically reflect a consensus of these countries to define organized crime,and also the current situation of organized crime.On the second part,we analyse political causes,economic causes,social causes and individual causes of organized crime by combining the reality and selecting typical cases.We think that adverse political climate,driven by economic interests,and social gap between rich and poor brought about by modernization,interpersonal alienation,family disorganization problem,individual factors such as physical flaw interaction,lead to organized crime.On the third part,we give the corresponding countermeasures and suggestions based on the analysis of organized crime at first two parts.Focus on the prevention and control of organized crime,such as criminal policy measures,legislative measures and international cooperation in response.First of all,for the prevention and control of organized crime,it is necessary to better implement the policy of leniency and strictness applied at the same time and to punish them according to law.The judiciary must adhere to the principle of legality,in strict accordance with the provisions of relevant laws,and should not authorize "leniency and strictness applied at the same time "which should have been in order to one-sided pursuit of a stable social order and the pursuit of the good objective effects.To fight against organized crime,we must obey the policy of "in accordance with the law" and "severely punish",and the harmonization of the two,and none can be.The judiciary should be sure to practice as soon as possible to eliminate such errors, distinct them in strict accordance with the nature of the triad organizations and other organized crime patterns,as well as terrorist organizations,cult organizations,and ordinary criminal gangs.Not to engage in "one size fits all".Secondly,against political causes of organized crime,we suggest continuing the strengthy anti-corruption policies to root the "protective umbrella" of organized crime out.And then create a favorable political climate. This is one of the important ways of the elimination of organized crime.Second,for the legislation,we give the following recommendations after the analysis on the shortcomings of existing legislation:1.Expand the charges;2.In the penalty sentence add the property,and be to strengthen and improve the confiscation of proceeds of crime.3.For the characteristics of more closely structure and difficulty to detect of organized crime,we can further clarify the provisions of suspended,probation,recidivism,etc.4.To root out the criminal acts associated.And make corresponding perfect on the procedural law,such as Japan's communications monitoring system,western country's blot system and stepping up the protection of victims.Then put forward corresponding countermeasures from the application of the law.Third,we suggest some measures from the perspective of international cooperation to deal with organized crime. Finally,we give a comprehensive management approach with a view to check the effects of both temporary and permanent cures.