Mafia Organized Crime Study

Due to its serious social harmfulness, crime of the underworld attracts extensive attention from circles of science of criminal law and actual practice. This author wrote this paper with the purpose of exploring effective methods and strategy for striking crime of the underworld from the viewpoint of science of criminal law. Starting from characteristics of the underworld in science of criminal law, this paper studied the cognizance of the underworld, crime of the underworld formulated in criminal law of our country and defect and improvement in legislation for crime of the underworld. This paper is divided into 4 parts with about 33,000 characters.The first part analyzed characteristics of the underworld according to science of criminal law, analyzing and comparing the 2 different viewpoints of "4 -characteristic theory" and "3 — characetristic theory" existing in the circles of theory and actual practice. This author is inclined to "4 - characteristic theory" , thinking: the most typical characteristic of organized criminal gangs is their " political counterbalance" , failure to dredge their umbrella will be adverse to correct and impersonal analysis of the characteristic and development trend of the underworld from a long — term point of view, and broad definition will cause expansion of "underworld involvement" striking.The second part was the cognizance of the underworld, further expurgating basic meanings of the underworld through comparing it with the concepts of common criminal group, evil might and terrorist organization. In practice, organized criminal gangs commit crimes with the major purpose of gaining illegal economic profits. As a criminal organization at a relatively higher level, it has more spe-cific organizer, leader and backbones with strict discipline maintaining internal coordination and unification and umbrella background, which differ from common criminal group, evil might and terrorist organization. Besides, this paper described "umbrella" and repeated appraisal respectively.The third part specifically described regulations of our country for crime of the underworld according to criminal law. This author thinks the study on classification of crime of the underworld must combine with specific regulations of criminal law for activities of the underworld. This author agrees to divide the relations between crime of the underworld and the underworld itself in the criminal law sub - provision into the 3 categories of act crime, organizational crime and correlation crime of the underworld. ( 1) Act crime of the underworld. According to criminal law of our country, act crime of the underworld is mainly related to violent offense, drug crime, gun - related crime and crime of traffic in persons, etc. (2) Organizational crime of the underworld. According to criminal law of our country, organizational crime of the underworld includes crimes of organizing , leading, participating in the underworld, entry development of organized criminal gangs, crimes of covering up and conniving the underworld, which are directly related to the underworld. (3) Correlation crime of the underworld. In most cases, correlation crime of the underworld presents downstream crime of act crime of the underworld mainly including money crime.The fourth part described defect and improvement in legislation for crime of the underworld. In the practical struggle against crime of the underworld, there are problems of posterity of legislation, incompletion of the system of criminal law and judicial means mismatching its system, etc. this author put forward perfect assumptions aiming at defect in the system in terms of legislation and justice.