Mafia Organized Crime Study

The new criminal law of China added provisions of mafia-style gang crimes according to the real situation of China's social development and the new trend of the criminal offence. Afterwards, the Supreme People's Court and the Standing Committee of the National People's Congress made the judicial and legislative interpretation. Those provisions ensured the fight against the mafia-style gang crimes. From December 2000 to April 2003, after a nationwide "Strike-Hard" campaign, we have made great achievements and gained voluble experiences. In this campaign, over 700 mafia-style organizations were destructed, thus striking a great blow at the mafia-style gang crimes. However, due to the legislative reasons, the legal regulations over mafia-style gang crimes are inadequate and incomplete in China. Those defects cause confusion and controversy in the judicial practice. This article discusses the judicial determination, legislative defects and legislative perfection proposals of the mafia-style gang crimes, and analyses the crime accusation determination concerning mafia-style gang crimes so as to enrich the theories and guide the practice. This article is composed of 4 parts: Part 1: talking about the features and judicial determination of mafia-style gang crimes and their differences from the relevant concepts.; making proposals on the improvement of the criminal legislation based on the overall analyses of the legislative defects in this regard. Part 2 discussing the characteristics and legislative determination concerning organizing, leading and participating; discussing mafia-style gang crimes; also discussing the differences between crimes and non-crimes, the pattern of plural crimes and some other issues deserving special attention in judicial practice. Part 3 mainly discussing the compositive characteristics of developing mafia-style gang crimes after entry; also discussing the range and number of overseas mafia-style gang crimes after entry, which deserves special attention in judicial practice. Part 4 mainly discussing the criminal composition and judicial determination concerning harboring and winking mafia-style gang crimes; also discussing the implications of the accomplished and...