| At the present stage, the crime of gangsterdom is increasingly rampant in our country, which seriously destroys the order of economy and social life in the form of rigorous organization, cruel violence, utmost economic penetrability and political causticity. Therefore, holding back the development and expansion of Mafia and attacking gangsterdom-concerned crimes are the important strategies which must be persisted in long term in our country. Limits to the main idea of this thesis, the author elaborates his own viewpoint and suggestions on the completeness of anti-gangsterdom legislation in our country, in the hope of obtaining amended suggestions from other colleagues.In Part-1, the author summarizes the development of anti-gangsterdom legislation in our country. In the first place, the author introduces the general situation of start and development of Mafia after the reform and opening-up strategy is carried out in our country, then states the recognition of criminal-syndicate-like crimes and the directed measures adopted by national interrelated ministries and commissions and local governments. There is no stipulation in Criminal Law at that time, so only concrete crimes organized and implemented can be attacked. In 1997, Criminal Law is revised, stipulating Three-crime in anti-gangsterdom, but it causes extensive controversies, because the formulation is excessively abstract and it is difficult to operate. In order to expurgate the recognition, cease the controversy and unify the law enforcement, the characteristics of Mafia is definitely stipulated in the form of judicial interpretation and legislative interpretation by the highest people's court in 2000 and by standing committee of National People's Congress in 2002 respectively as follows: characteristic of organization, economy, behavior and illegal control. Even so, the controversy and suspicion in all directions is not appeased yet.In Part-2, the general situation and enlightenment of anti-gangserdom legislation in related countries and regions all over the world are studied. The author takes apart anti-gangsterdom legislation in Hong Kong, Macao, Italy, America, Germany and Japan, studying that how do they definite criminal syndicate organization (crime by organization), how to stipulate crimes of the organization itself and that interrelated to it, how to set up crucifixion, how to guarantee the smooth development of detecting activities and the effective use of proof in aspect of Procedures Law etc.. By taking-apart, some enlightenment on anti-gangsterdom legislation in our country is obtained: firstly, attaching more attention to penetration and erosion of criminal syndicate organization to legal political power from the angle of stabilizing the political power and it must be seriously attacked. Secondly, taking more than one measure and extending lawful field of view: taking crimes like money laundering and bribery into category of punishment, aiming at compressing the survival room of criminal syndicate organization at all costs. Thirdly, breaking the old principle and framework of law and making the law of anti-gangsterdom more flexible and practical.In Part-3, the author discourses the deficiency and defect of anti-gangsterdom legislation in our country. Firstly, there is short of scientificalness and forward looking in the definition. The connotation and extension of the definition in Criminal Law is unclear and the basic characteristic and the essential attribution are not reflected. The crime of criminal syndicate organization is not stipulated in Criminal Law, which sacrifices the foresight and long-term consideration of legislation. Secondly, the enactment of accusation is incomplete, because the stipulated Three-crime in anti-gangsterdom cannot contain all crimes concerning gangsterdom. There is no stipulation on gangsterdom-concerned and gangsterdom-interrelated unit crimes in Criminal Law. Thirdly, the enactment of crucifixion does not match its serious social perniciousness. The enactment of crucifixion is slight and short of necessary grade, neither reflecting the principle of crimes matching crucifixion nor achieving the basic function of crucifixion. The crucifixion of property is not set up, therefore, the criminal motivation of criminal syndicate organization and its members is not inhibited fundamentally and its ability of recommitment is not deprived. The particular recommitment system of criminal syndicate and no application of probation and parole are not stipulated. Fourthly, the mechanism of punishment is not matching: the laws and regulations of market economy are not perfect; the system of anti-bribery and the lawful system of anti-money laundering is incomplete; the rule of criminal action of anti-gangsterdom is deficit.In part-4, the author puts forward some thoughts of perfecting legislation. The first is to perfect concept and characteristic, specifically stipulating staff number of the organization to more than 10 people, broadening confirmation of organizational discipline, and emphasizing that organizational violence must reach degree of crime and injuria is also taken as expressive form of organizational violence. Criminal purpose of organization primarily aims to gain utmost economic interest; moreover, necessary economic strength is demanded. Intrinsic characteristic of criminal syndicate organization is to realize illegal control through illegal crime or protection of official staff. Hereby, the author defines Mafia as a violent group, with certain economic strength and power sphere, which is made up of more than 10 people, harbors organization leader and backbone member, takes consistent action to gain money and material benefit, carries out single or multiple illegal crimes organizationally and interferes with legal economy or politics. The second is to perfect name of crime and type of crime, directly using the concept of criminal syndicate organization, transplanting the definition of Mafia in the previous context to criminal syndicate organization, adding crime names such as joining criminal syndicate organization abroad, opening organizational activity of criminal syndicate interiorly, opening activity of crimes committed by mafia-like gang interiorly, supporting criminal syndicate organization, utilizing criminal syndicate organization and pretending to be criminal syndicate etc; promoting crucifixion and adding grade of penalty measurement, and adding people who commit serious crime, shall be sentenced to imprisonment above 10 years, life imprisonment; people who commit particularly serious crime, shall be sentenced to death; judging lightening, alleviating even remitting penal punishment to people who involves lightly in gangsterdom and causes slight harm, or who gives himself up and makes legal contributions; stipulating penalty provision of shielding and conniving criminal syndicate organization to imprisonment under 5 years, penal servitude or depriving political power; people who commit serious crime, shall be sentenced to imprisonment between 5 and 10 years; people who commit particularly serious crime, shall be sentenced to imprisonment above 10 years or life imprisonment. The third is to perfect specific utility of crucifixion, stipulating system of particular successive-crime of criminal syndicate in order that probation and parole can not be applied; restricting penalty reducing; enlarging sphere of subject, stipulating unit crime of gangsterdom and subject of shielding and conniving criminal syndicate organization to common subject, and governmental missionaries who commit this crime should be punished heavily; adding fine and confiscating property in clauses of Criminal Law. The highest quota of fine is in the limit of entire property of the organization and its members; properties possessed by criminal syndicate organization and its members should be all confiscated, dispense with proving whether they are gained by illegal crime. The forth is to perfect assorted legislation and strengthen measures of anti-money-laundering and anti-corruption, perfecting standard of market order, law and legislation of subjective behavior, extruding surviving space of criminal syndicate organization; perfecting striking countermeasures of money laundering, stipulating all crimes, by which money and material benefits can be gained, to advanced crime of money laundering, and formulating effective measures of management by supervision, blocking loopholes of finance and market in order to inhibit money laundering; strengthening legislation of anti-corruption, formulating systems such as property declaration, investigation of staple transaction, reporting and ascertaining of abroad deposit etc. The fifth is to adopt particular procedure system, establishing some special penal procedures and systems according to characteristic of crimes committed by mafia-like gang, allowing to use particular investigating method, drawing system of responsibility-proving conversion, building system of enforcing the witness and the murdered to verify and strengthening protection of the witness and the murdered.Finally, the author recommends issuing single file law of anti-crimes committed by mafia-like gang so as to specially stipulate the above-mentioned perfecting measures.
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