Research Organization, Leading Or Participating In The Crime Syndicate

Criminal syndicate group crime is a kind of newly developing crime. Since the beginning of the 90's of 20 century, this kind of crimes has been growing and spreading in everywhere all over the country and become a malignant tumor that jeopardizes public security, which is infiltrated and pushed forward by criminal syndicate group abroad. Facing the crimes of criminal syndicate breaking in full fury, the Criminal Law Recessions 1997 made lawful reflection in time and clearly and ruled the crime of forming, leading and taking part in the organizations in the nature of criminal syndicate. Also in December 2000 and April 2002, the Supreme People's Court and Standing Committee of the National People's Congress respectively made relevant judicial and legislative explanation. These judicial and legislative measures played an important part in the progress of cracking down on the crimes of forming, leading and taking part in the organizations in the nature of criminal syndicate . However, because of some reasons which practical frame reference lacked and legislation was too hasty ,etc, the norm of law of our country regarding with forming ,leading and taking part in the organizations in the nature of criminal syndicate still not detailed or complete presently. These careless omissions cause quite a lot of difficulties and arguments of theories and practice. This theses starts from the angles of an abundance of theories and practice summing up and analyzing the evolution of legislation of the crime of forming, leading and taking part in the organizations in the; nature of criminal syndicate. This article is divided into three parts:The first part: The part explores in detail the careless omissions and defects of forming, leading and taking part in the organizations in the nature of criminal syndicate, including: the legal conceptions are not accurate and clear, the subjects of crime are too narrow, lawful explanation beyond power which violate the the principle of a legally prescribed punishment for a specified crime. Punishment structures are not reasonable, etc. On the basis of these defects, the article therefore suggests that criminal law should be revised: regulating the conception of the organizations in the nature ofcriminal syndicate sciencetifly and rationally increasing the. conception of the organizations of criminal syndicate and the crime of criminal syndicate, units should be investigated and fixed the criminal liability of forming, leading and taking part in the organizations in the nature of criminal syndicate, reasonably regulating the structures of punishment and increasing property punishment system, the law should protect the lawful property rights in the progress of cracking down on the crimes of forming, leading and taking part in the organizations in the nature of criminal syndicate. Also legislative interpretation is less strict than that of judicial interpretation about the standards of characteristics of organizations in the nature of criminal syndicate, so, it is important to apply them according to the principle of a legally prescribed punishment for a specified crime.The second part: The judicial cognizance of forming, leading and taking part in the organizations in the nature of criminal syndicate. Firstly , the part exams the boundaries between organizations in the nature of criminal syndicate and terrorist groups, organized groups, etc. The part also exams the judicial cognizance of the crime of forming, leading and taking part in organizations in the nature of criminal syndicate in several special situations, including: Mafia abroad interring into China, members being cheated and obliged to taking part in organizations in the nature of criminal syndicate, procuring and instigating other persons to take part in orgEinizations in the nature of criminal syndicate. Lastly, the part exams the differences between the crime forming, leading and taking part in the organizations in the nature oi" criminal syndicate and the crime of members of Mafia abroad who recruit members within the territory of the People's Republic of China, the crime of harboring and conniving organizations in the nature of criminal syndicate, the crime of forming, leading and taking part in terrorist groups, etc.The third part: The form of quantity of crime and combined punishment for the crimes in several specific situations, including: legally prescribed combined punishment for several crimes; members of the organizations in the nature of criminal syndicate intervening state organ of the People's Republic of China; the organizations in the nature of criminal syndicate connecting with terrorist groups; recruiting the organizations in the nature of criminal syndicate; members of the organizations in thenature of criminal syndicate taking part in money laundering , etc .The key is how to deal with such problems as combined punishment for several crimes ,etc.