On The Identification Of Underworld Organizations

Underworld property organization crime is a serious threat to social stability, therefore it is one of the focus of the crime that our country hit to. In legislation, the underworld property organization refers to the organization of the organizing, leading, and actively participating in violence, with threat or other means, systematically in illegal and criminal activities, dominating the party to injure the crowd, serious destruction the order of economic and social. Through a variety of legal regulations and judicial interpretations, its mainly include four major characteristics, Organizational characteristics, economic characteristics, behavior characteristics andperniciousness characteristics. Organizational characteristics is having a relatively stable criminal organization and a lot of people. There is a clear organizer, leader, basic fixed backbone members. Economic characteristics is systematically through illegal and criminal activities or other means to obtain economic benefits, having a certain economic strength in order to support the organization’s activities. Behavior characteristics is based on violence, threat or other means, systematically carrying out illegal and criminal activities, oppressed and destroyed the masses.perniciousnesscharacteristicsis to point to by implementing illegal and criminal activities, or the use of state functionary, forming an illegal control or significant influence in a certain area or industry, serious damage to the order of economy and social life. Although it may seem to give the cognizance of the underworld property organization a clear standard, however, in judicial practice, the cognizance of the underworld property organization standard always have different opinions. It hindered the underworld property organization crime case. A number of reasons caused the situation:first of all, the legislation is not clear, regulations file is numerous, same characteristics exist in different specifications have different understandings, many standard using fuzzy words to describe. Second, since the imbalance in between eastern and western unbalanced development, make the legal talent distribution is very uneven, it is easy to cause the judicial cognizance standard is not unified.Aiming at these problems, combined the relevant experience with Russia, the Netherlands, Hong Kong and other countries, this paper argues that we should establish a unified standards and reference to the relevant law works, to carry out the common judge training to perfect. Establish a unified standards has to having a profound social investigation, according to the situation of our country to establish a unified and perfect system of standards, and reducing the use of fuzzy words, describing the characteristic of underworld property organization in a clearly way. Reference to the requirement of law works needs to checks on the rationality and reliability of the jurists’works, make sure it can really for the judicial workers in the social practice. Training common judge needs effectiveness and universality, make a wide range of grassroots judicial personnel can master the standard of underworld property organization, thereby more accurately hit the underworld crime, maintain social order, guarantee the stable development of the society.