A Discuss On The Identification Of Underworld Nature Organization

The underworld nature organization is the highest form of organizational crimes in China. At present, the underworld(nature)organization crime have become a cancer of the civilized world and has been one of catastrophic crimes together with the traffic in drugs and terrorism, which has been main attack point of the worldwide countries. The Criminal Law of the People's Republic of China revised in 1997 added the provisions of the underworld nature organization crime, which provided the fundamental legal basis for attacking the underworld nature organization crime by the judicial authority. However, because the provisions of Criminal Law are not specific, a deviation usually occurred when the judicial authority determined the legal characteristics of the underworld nature organization. In this paper, the research purpose is to seek a scientific and rational pattern to determine the underworld nature organization. I will be through the analysis of the concept of the underworld nature organization, explores the origin, clearly related principle problem; then study and evaluate the current law, search for the specific conditions and criterions determining the The underworld nature organization on the basis of existing legislative interpretation, discuss the evidence requirements, find a final conclusion on the current disputed issues, and construct a pattern or approach to determine the underworld nature organization; finally, by analyzing a typical case, the argument of this paper is presented, and some matters that determines the underworld nature organization has been discussed additionally. Firstly, the definition of organizations in the nature of criminal syndicates studied, combined with China's reality, that of the syndicate should be interpreted broadly, it includes not only low-level the underworld organization, but also an advanced form of the underworld organization; therefore, the conception of the underworld nature organization may be used directly when defining the organizations in the underworld nature organization. The underworld nature organization is defined by theory of "two hierarchies", but the specific features differ from the view of Professor Bingzhi Zhao who considers the underworld nature organization as an the underworld (nature) organization with significant criminal subculture that owns certain economic strength and economic interests for access to illegal and criminal activities. Secondly, research the transition of relevant laws in China's mainland, affirm the legislative interpretation basically, make a study of legislative interpretation, further discuss the features of organizations with traits of the underworld, clear out some issues, such as the lower limit of formation of organizations with traits of the underworld nature organization, lower limit of main members and numbers, etc., so that the identification of syndicates may be quantified and standardized. Additionally, the evidence matters related on the determination of the underworld nature organization are investigated, discussing the existence of the underworld nature organization by means of evidences. Finally, through analysis of a disputable individual case, further explore the issues on the identification of the underworld nature organization, for example, whether it is appropriate to determine a criminal group engaging in a certain criminal behavior, such as stirring up fights and causing trouble, as an organization with the underworld nature organization? If it may not be defined as a crime of picking quarrels and provoking troubles, whether it may be considered that the underworld nature organization has been organized, led and participated in or it exists or not? The criminal group with indistinct violence may be considered as the underworld nature organization or not? In a judicial practice, infer the existence of the underworld nature organization through a series of crimes, or determine that a criminal group is the underworld nature organization according to the legal conditions and procedures and then investigate the criminal acts of this organization, which is more scientific and rational? What evidences are required for determination of the underworld nature organization? And so on.