On The "protecting-umbrella" Of Gangland-related Crime

In recent years, the organization crime with underworld characteristics has an enlarging trend. This has not only damaged people's safety of life and property, but also destroyed the social order. Thus, In order to prevent and control this kind of crime, our country's "criminal law" has stipulated this kind of crime, thus making relevant judicial activities have the law to obey. The Standing Committee of the National People's Congress and the Supreme People's Court have enacted legislative and judicial Interpretation, this providing the court with a maneuverable concrete standard. However, in judicial practice, it is hard to punish the organized crimes. In a large degree, it is just because the organizations or individuals provide "protecting umbrella for the organized crimes."This article is divided into five parts:The first part of "organized crime and protection-umbrella." In this section, the paper used the 294 of "Criminal Law", described China's "gangster" content and analysis organized crime is the initial stage. This understanding in line with China's basic national conditions, also based on the triad of the actual situation of organized crime. In order to grow and develop, syndicate corruption is bound to encourage those in power to seek a political umbrella.The second part, "Mafia and the 'umbrella', the relationship between the analysis." Be the syndicate to the further development of greater living space, first of all faced with the public authority to resolve the collision and conflict. Only part of the public authority to withdraw from management, areas of intervention, it can get the external environment for development. In order to obtain high illegal profits and make your head against crime and against, punish, hold a certain power of party leaders, cadres and public security organs and other judicial officers, do everything possible to draw gangster, corrosion, transfer benefits, specific means have money to bribe, emotional contact, official positions, and sex to lure, threaten to give in. Relatively speaking, the "umbrella" type of gangs are also diverse, generally, have accepted bribes type, cover type connivance, misconduct indulgent type, type of organization and leadership, active participatory. For these criminal acts, the paper combined with "Criminal" analysis of the specific charges.The third part is "umbrella of crime and investigating the characteristics of difficulty". "Umbrella" of crime different from ordinary criminal offenses, with a distinct specialty, with the main features of organized crimes concomitant, the main special status, criminal means diversification, strong concealment, precisely because of "umbrella" and the underworld nature of organizations in the long-term exchanges, to form a community of interests, a prosperity, a loss for both, the syndicate members are often reluctant to give out behind the "umbrella". It also investigated "umbrella" of crime has brought difficulties, precisely because of "umbrella" of the above characteristics of crime, investigate and deal with "umbrella" of crime facing many difficulties, specific performance is difficult to find clues, investigation and evidence collection is difficult to exclude interference difficult, qualitative treatment of hard, difficult to form a joint forceThe fourth part is "'umbrella'of crime investigation problems". For the "umbrella" of the investigation of crime, whether it is source of clues, or the specific case investigation, public security authorities need to closely cooperate with prosecutors to play their respective functional advantages. But the actual work situation, in the investigation "umbrella" type crimes, the public security organs in collaboration with prosecutors is not close enough. Mainly as a clue for the passive; investigative jurisdiction of conflict; investigation is not close collaboration.The fifth part is "'umbrella' Mechanism for the investigation of crime". In this section, the author proposes a five-point proposal:First, set the level in the organization, to establish a black "umbrella" category Criminal Investigation Command Center. The second level in the working mechanism, to establish five mechanisms are clues to find management, detect power unified deployment mechanism for command and coordination mechanisms for detecting, investigating and improve coordination and cooperation mechanism to ensure funding mechanism for the integration. The third building in the system level, the need to improve the three systems, namely, collaborative system of standardized investigation, establish and improve information and intelligence exchange system reform and improve the appraisal system for investigation. The legal regulation of the fourth level needs to improve the investigation, trial jurisdiction system.