Research Of "Corporatization" Of The Triad Organization

In the process of reform and opening up,because of economic system reform, major social changes, incomplete legal system, and imperfect law, there has been a lot of space in the sociey that provides some good conditions for criminals. China's triad crimes develop from the primitive bloody stage into a much more advanced one. Especially in recent years, more and more of triad organizations have worn certain legimimate coats through some way such as enterprise registration that we have not ever known before,and have been developing up as one that uses more insidious crime techniques,holds strengthening ability of escaping punishment and even does great harm to our society.So it is very necessary today that we do so many careful analysis researches in corporatization features of the triad organization. Triad crime has its internal power which can evolve and develop itself. Studying the "corporatization" feature at this stage will help us to grasp its rule and direction of development. Only in this way can we hit "to the point" in improving and perfecting the punishment measures of triad crimes in the legal system. Therefore, combined with the "anti-crime" specific judicial practices of Chongqing, this article is going to analylize some possible features of the triad crime in reference to some concrete researches done by some domestic numerous scholars at the same time.This paper is divided into four parts to elaborate the economic basis of triad organization as follows:PartⅠ:Introduce the current situation and trend of corporatization of the triad organization.Through three typical cases of "Chongqing anti-crime", the corporatization has become the obvious characteristic of the triad crime.So I propose some personal perspective about the certain corporatization based on its future trend.PartⅡ:Analyze the contents of the corporatization of the triad organization. Through deep analysis of the type, path and the basic characteristics of the corporatization of triad organization,we can reveal its essence of connotation. PartⅢ:Introduce and analyze the causes of corporatization of the triad organization. Through the summary of causes on the basis of the theoretical point of view of domestic scholars, we can obtain the significance about the analysis of the causes by Law and Economics.And from the following three aspects of crime costs, the interests and crime risk, we can come into a conclusion that the "corporatization" is a rational choice in the current stage of triad organization development.Part IV:In the last, on the basis of full analysis of the contents and causes of the corporatization in the triad organization,I put forward some suggestions which take for the latest "article 8 of Amendment of the Criminal Law" as the blueprint against triad crime to perfect the Criminal law. Then anayze its improvements and form a perfect legislative proposals to article 294 of Criminal law.