On Issues Concerning Crimes Committed By Mafia-type Organized Crime

Mafia-type organized crime is a more serious crime, China has been firmly crack down on the object, but also criminal law scholars focus of the study.This paper is to study the nature of organized underworld of organized crime trends, identify the problems and how to combat as the main content of an article.This paper is divided into four parts.The first part,Mafia-type organized crimes' status and trends.First, Mafia organizations in our country's development process and in recent years, China's fight against organized crime syndicates such as the results achieved by relying on an objective analysis of the current areas of China's mainland and Hong Kong, Macao and Taiwan the status of organized crime syndicates.Then, In analyzing the basis of the status quo, combined with the current socio-economic, political conditions and the characteristics of organized crime groups themselves, forecasting the next period the nature of China's underworld of organized crime trends.The second part,Mafia-type organized identified in a number of issues to explore.Articles from our realities, the first number of members of criminal gangs is the definition put forward his views, and to outline the reasons;Secondly, the analysis of our citizens enjoy freedom of association and the establishment of the organization, leadership, to participate in the crime of criminal gangs is the legislative intent, based on the background, pointing out that the establishment of the offense with our citizens enjoy freedom of association corresponding to the two andis not contradictory;Again, combining scholarly and cases, focus on how to correctly define the term "criminal gangs is" issue;Discussed in the last two parts of the organization, leadership, to participate in the organized crime underworld in the four kinds of behavior, and whether there is an attempted commit, preparing offenders committed the suspension issue.That part of the organization, leadership, active participation and acts of other participants how to define, distinguish discussed.At the same time, from the Legal Sentence and crime type two-pronged approach to the analysis, concluded that: organization, leadership, criminal gangs is prepared to commit the crime of which does not exist, attempt to commit, and stay committed. The third part,China's current process of combating organized crime syndicates problem and countermeasures.This part of which, the author focuses on the nature of our country to combat triad organized crime problems in the process, the problem in the analysis was proposed based on prevention and control of organized crime syndicates response.First, the particularity of the organization of criminal syndicate, as well as our actions to combat organized crime syndicates based on the status of knowledge, analysis, and describes the practice of Chinese triads and the problems.Such as the anti-triad, inadequate legislation, to combat the scope of easy to expand awareness of the evidence is not strong, long-term mechanisms are inadequate, and cracking resistance of the work of large, etc.;Secondly, that the Mafia organization for the prevention and combating of crime must be combined, we should conscientiously do a good job the following areas:First, Improve the fight against organized crimes related to the legal system;Second, to establish and improve the fight against organized crime syndicates working mechanism;Third, the use of comprehensive management tools, create, and improve anti-long-term working mechanism;Fourth, in-depth international cooperation in anti-triad.