China Mafia Crime

This dissertation paper for master degree consists of foreword and text. The foreword introduces the objective and significance of writing the paper, domestic research situations about the organized criminal acts in the nature of criminal syndicate and the related major problems.There are four parts in the text. The concept, characteristic and cause of formation about the organized criminal acts in the nature of criminal syndicate are analyzed and discussed and prevention and cure countermeasures for China's organized criminal acts in the nature of criminal syndicate are proposed.The concept of organized criminal acts in the nature of criminal syndicate of China is clarified in the first part. In this dissertation, it is considered that for the exact clarification of the concept of organized criminal acts in the nature of criminal syndicate, we should clarify the concept of the organization in the nature of criminal syndicate above all. At present, domestic common understandings about the concept of the organization in the nature of criminal syndicate have not been reached and legislature, judicial machinery and academic circle hold their own separately. This dissertation begins with the stipulations of Criminal Law of the People's Republic of China, compares several representative viewpoints on the organization in the nature of criminal syndicate in academia, analyzes the difference between relative legislative interpretations and judicial interpretations and concludes the concept of the organization in the nature of criminal syndicate of China-The organization in the nature of criminal syndicate is the violence criminal gangsterdom of more than three members organized according to certain structural framework, aim to obtain public fortune illegally and realize the illegal control over some fields of the society and possession of particular economic strength and exclusive zone of influence. After clarification of the concept of the organization in the nature of criminal syndicate of China, this dissertation defines the organized criminal acts in the nature ofcriminal syndicate-the direct relative crimes of the organization in the nature of criminal syndicate itself and the criminal acts exercised by the organization in the nature of criminal syndicate. That is to say that there are two aspects of content in the organized criminal acts in the nature of criminal syndicate: one is referred to the direct relative crimes of the organization in the nature of criminal syndicate itself; another is the criminal acts exercised by the organization in the nature of criminal syndicate.The characteristics of the organized criminal acts in the nature of criminal syndicate of China are discussed in the second part. On the basis of the stipulations of Criminal Law of the People's of China, legislative interpretations and judicial interpretations, this dissertation concludes and generalizes the characteristics of the organization in the nature of criminal syndicate and its criminal acts, with absorption and reference of academic research production in academia and through review of the actual status and traits of the organization in the nature of criminal syndicate and its criminal acts. In this dissertation, it is considered that there are five underlying characteristics of the organization in the nature of criminal syndicate: the first is of certain structural framework and it reflects in those: it has certain amount of members, comparatively stable interior structural framework, comparatively full and strict interior commandments and rules, definite struggling objectives of organization itself and common organization's consciousness ad sub-cultural environment of crimes; the second is that it is organized to exercise violent crimes; the third is aim to obtain public fortune illegally and realize illegal control over some fields of the society; the fourth is of particular economic strength and the fifth is of exclusive zone of influence. At the same time, the organization in the nature of criminal syndicate of C...