| Ever since a long time ago, crimes of mafia become one big difficult problem, which perplexes government of every country and international operatives. Gangsterdom, drug trafficking and terrorist activity constitutes the three biggest disaster crimes in the current world together, becoming a kind of threat to the peaceful life of human beings. After the economic system reform in our country, with the multivariate of the economic relations and the complex of the social structure, mafia-style organization appears and develops gradually. In 1997, the crimes of mafia-style organizations were defined in Article 294 of the renewed Criminal Law of the People's Republic of China, including three kinds of crimes, i.e. organizing, leading and participating in crimes of mafia-style organizations, the crime of entry-developing members of a mafia organization and shielding and conniving the crimes of mafia-style organizations. Since then, crimes of mafia-style are officially acknowledged in the form of legislation and controlled by it in our country.According to the regulations in Article 294 of Criminal Law of the People's Republic of China, mafia-style organization is a criminal organization, which regards itself as the lord in one particular place and undertakes criminal activities organizationally, e.g. doing evils, bullying and cruelly killing the messes, and seriously destroying the order of economy and social life by means of violence or other forms. In case the crime of mafia-style organizations is defined like this, we will land in a wrong circle of proof because the substance of the definition is a synonymy repeat. In the opinion of the author, mafia-style organization is social organization form, which is organized by more than three people, who have control over some regions or industries by illegally criminal activities, taking the violence and threat as the backup force or taking the advantage of the shield and connivance from legally social and political power, in order to seek great economic interest. It can be said that mafia-style organization, with some organizational, behavioral characteristics and preliminary attribute of gangsterdom, is the primary stage of gangsterdom.On April 28, 2002, Standing Committee of the National People's Congress issued the legislative interpretation by means of Interpretation on Item 1 of Article 294 in Criminal Law of the People's Republic of China, stipulating definitely that mafia-style organizations are ought to process simultaneously four characteristics as follows: organizational structure, economic strength, behavior and illegal control. Among these four characteristics, the characteristic of organizational structure, which decides the attribute of mafia-style organizations, is the essential standard; the characteristic of economic strength, as the legal characteristic of mafia-style organizations, the primary form of mafia organizations, seems to be inconsistent with the objective practice; to carry out illegal criminal activities, as the behavioral characteristic of mafia-style organizations, is in accordance with the behavioral feature of the primary form of mafia organizations; region-control and plot are the cores of the characteristic of illegal control. All these characteristics obviously distinguish mafia-style organizations from mafia organizations, criminal group and organization engaged in terrorist activities.In the wake of the deep development of specialized struggle against the gangsterdom, crimes of mafia-style organizations are on the rise with each passing day. Obviously, the regulations of criminal laws in effect on mafia-organizations are not in accordance with its state-of-the-art. As a result, legislative vices become more and more obvious in judicial practice, mainly containing the following forms: firstly, the formulation of the accusation is short of accurateness and the description of the accusation in sentimental literary language sacrifices the preciseness of the law. Secondly, the use of the criminal charge is short of scientificalness and definite knowledge of the developing discipline of mafia-style organizations, only stipulating the crimes of mafia-style organization, the primary form of mafia organization, which results in sacrificing the long-term legislative pursue. Thirdly, the classification of the criminal charge is short of completeness; there are only three kinds of crimes of mafia-style organizations in criminal laws, but some other behaviors of mafia-style organizations with social perniciousness as much as crimes are put into the revision of criminal laws. Fourthly, the deployment of crucifixion is short of direction; in the stipulation of the crucifixion of the crimes of mafia-style organizations, the discipline is not adequately reflected that the crucifixion is ought to be in accordance with the crime, intensively registered as follows: imperfectness of the classification of crucifixion, relatively slight crucifixion and lack of concrete use of crucifixion. Fifthly, it is short of flexibility in the orders and procedures of criminal lawsuits on anti-gangsterdom.After an inspect of the legislation on anti-gangsterdom in Italy, America, Germany and Japan, we have found that three aspects of legislative experience can be used as a source of reference: firstly, the legislative mode is emphasized by adopting single-file law or specialized law; secondly, the strategy of anti-gangsterdom trends to be comprehensive treatments; thirdly, the content of the legislation on anti-gangsterdom is full of direction, practice and flexibility, concretely registered as follows: 1. Revision on the mode of the necessary elements of crimes; 2. Serious penalty on the crime of mafia organizations; 3. Double-track system in procedures of lawsuit; 4. More protection to the witness.In the opinion of the author, there are two manners of perfecting the legislation on crimes of mafia-style organizations in our country: firstly, amending and perfecting criminal laws and Criminal Law in effect with some direction; secondly, legislating single-file law on crimes of mafia (style) organization. According to the state-of-the-art of the crimes of mafia (style) organization in our country, the former is the better choice, while under the circumstance of mature opportunity, stipulating the single-file law on anti-gangsterdom can be put into consideration. There are three aspects of perfecting the legislation on crimes of mafia (style) organizations: firstly, perfecting the correlative provision of criminal laws: 1. Perfecting the criminal charge, combining mafia organizations and mafia-style organizations into mafia-style organizations, and taken out style of crimes of mafia-style organizations in Article 294 of Criminal Law of the People's Republic of Chin, replacing it as crimes of mafia organizations. 2. Revising the accusation, driving off the sentimental and literary description of crimes and formulating the crime in accurate legal language according to its essential characteristics. 3. Adding new accusation, e.g., participating in crimes of mafia organizations outside the borders, the crimes of entry and engaging actions of mafia organizations and so on, making various criminal activities be under penalty by the law; 4. Perfecting and adding accusation and the use of crucifixion, namely adding an additional crucifixion of property, increasing legal crucifixions and adding the concrete use of the crucifixion. Secondly, perfecting the correlative provision of Criminal Law: 1. Adding special detective measures. 2. Implementing special rules of proof. 3. Strengthening the protection to the witness. Thirdly, emphasizing comprehensive treatments, perfecting crimes of backwards, and strengthening the legislation on anti-corruption.
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