Mafia Organized Crime Study

The Criminal Law 1997 of the People's Republic of China has defined gangland-involved organized crime, and in judicial practice, different opinions have emerged focused on specific problems arisen from this organized crime. This article mainly studies problems in. gangland-involved organized crimes on a selective basis.To accurately identify gangland-involved organized crime is the premise and basis of correct study and analysis on it. Therefore, I. shall analyze it in concept, legal nature and character a I: first to consider an gangland-involved organization as "an organization that lake power of a place to perpetrate outrages and commit crimes in an organized manner, to harm terrorize people and severely endanger economic, social and living orders by means of violence and threat, etc." which is relatively insubstantial and atypical compared with gangland organization. Gangland-involved organization is an original form of gangland organization, a special crime group. Moreover, I shall define the legal characters of gangland-involved organization in six respects, (hat is, certain open sphere of influence; considerable tight organizing features; certain economic power to seek economic interests and benefits; existing political "umbrella": violence- and threat-featured behavioral characters and severe damages to economic, social and living orders. At last 1 shall clarify the difference between gangland-involved organization and general crime group, vicious power, terrorist organization respectively.On this basis. I shall analyze several problems about crime identification of organizing leading and participating in gangland-involved organization. I shall discuss specially difference between the four behaviors, that is, to organize, lead, actively take part in and participate in gangland-involved organized crime, and express my own opinions on several problems concerning these crimes. 1 can say that, to gang an organization some like gangland-involved organization without committing crime docs not constitute principal crime; moreover, I shall analyze specifically stoppage state and quantity of this crime, and handling of solicitation and coercion.In relation to harboring and conniving gangland-involved crime, I shall make a specific analysis on ""harboring" in this crime and after definition of harboring I shall supply detailed analyses and answers to whether harboring organizational behavior for founding gangland-involved organization before its set-up, or harboring gangland organization as well as its illegal, and criminal action and harboring other personnel of state agencies, or conniving gangland-involved organization constitutes this crime. After defining specific meaning of conniving, I shall deliver my views upon whether conniving anotherperson organizing, leading, participating in gangland-involved organized crime, or conniving gangland organization doing illegal and criminal action or conniving gangland-involved organization carrying out "lawful operation", or the actor's processing relating issues of the illegal and criminal or harboring other personnel of state agencies or conniving gangland-involved organization can constitute this crime. 1 shall also discuss the difference between harboring, conniving and concealing, and dissolve the problem whether seeking personal interests and benefits or giving in to personal relationship can constitute this crime with all elements satisfied.I shall introduce concisely the legislative condition of foreign counter gangland-organized crime as well as some legislative and judicial experience worth following on, and combine the actual situation of Chinese cracking down gangland-involved organized crime to point out following fields to be improved in Chinese criminal law such as: setting new crime of organizing, leading and participating in gangland organization; setting up new crime of taking part in foreign gangland organization and crime of entering a country to engage in gangland actions, and amending and improving the crime of harboring and conniving gangla...