Gangland Crime

The crime, a kind of extremely serious organized crime phenomenon with underworld characteristics, has already attracted the great attention from the countries all over the world. In recent years, the organization crime with underworld characteristics is rampant day by day, and has seriously endangered the people's safety of life and property in our country, even has brought serious impact and destruction to the present socialist on our country and social public order management under the new situations. In order to take precaution against and attack this kind of crime effectively, the article 294 of our country's "criminal law" has clearly stipulated the organization crime with underworld characteristics, making relevant judicial activities have clear legal support, which has far-reaching meanings. As well, the Supreme People's Court and the Standing Committee of the National People's Congress and legislative constructions about the organization crime with underworld characteristics, so as to make the judicial practice assent it's underworld nature easily and have the crime operated nature even more. In the scholarship field of criminal law, a lot of theorists have paid the great concern and have done comparatively deep study to this phenomenon, too. About the meaning, legal features and definition of the organization crime with underworld characteristics. But there exist a great deal of disputes. The conflict of the theory will lead to slow and unwise, and it is not beneficial for the practice to attack such a crime. So, this theory attempts, on the basis of existing research results of the scholars, based on the reality of organizing crime of underworld characteristics of our country, using the methods, such as comprehensive analysis, comparative analysis, etc., to carry on the preliminary discussion to this legal phenomenon,hoping to obtain the understanding of question.This theories is divided into four parts, with about 34,000 words.Part I: The organization with the nature of underworld and the underworld organization. This part has introduced in foreign countries, Hong Kong, Macao and Taiwan areas and the current research situation of this crime. First, summing up the definition of the comparatively scientific underworld organization. Second, the introduction of the legislative background of this crime through the introduction to get deep understanding, and to give a scientific definition to the nature organization of the underworld on this basis. Finally, the author briefly analysizes the relation between underworld organization and underworld nature.Part II: Legal features of organization with underworld characteristics. The author sums up four essential features: form characteristic, the characteristic of illegally society, behavior characteristic, and economic characteristic. The characteristic of illegally is the essential characteristic society. In addition, the author analyses that the ''umbrella" characteristic should be the choice reason of the crime.Part HI: Asserting concretely of this crime. This part has mainly expounded how judicial practice should assert the nature of this crime. First of all, the author the category of this crime, and scientific ally limit boundary of the concept, specifically probing into the organization leadership joining the organization with underworld to develop underworld organization, shielding, conniving, the organization underworld nature, and listing the question that should be paid attention to in practice. Second, the author defines the essential nature of the underworld through correlating with ordinary organized crime, etc. Finally, theauthor specifically explains underworld nature of organization crime accomplishment and abortion, the crime charges and personal criminal responsibility.Part IV : Perfection of underworld nature legislation. Current criminal legislation of our country about crime with underworld nature has obvious defect. This part has explained the perfection idea of our country's "criminal law" correctly specifically.