Study On Mafia-type Crimes By Taking Advantage Of Duty And Its Countermeasures

Mafia-type crime by taking advantage of duty, as the final product of the integration of crime by taking advantage of duty and mafia-type crimes, is not an inherent concept in the traditional criminal law field. Unlike other crimes, the nature of crime by taking advantage of duty is power-for-money deal, and the mafia-type crime by taking advantage of duty is more dangerous black transactions. Therefore, in the writer's opinion, the latter is an inevitable trend of the former. Compared with the ordinary crime by taking advantage of duty, the mafia-type crime by taking advantage of duty has its peculiarities and exert enormous effects on the whole society. Not only does it havoc the normal management order and social stability of the country, but also drive a wedge between cadres and masses and ultimately threaten social harmony. Therefore, the study on the mafia-type crime by taking advantage of duty has profound theoretical significance as well as a major practical value. This paper will start with the case of Liu's mafia-type gambling case in Chongqing, and next lead to the controversies and problems in the application of mafia-type crime by taking advantage of duty; then, analyze and study the focus of this case; finally, combined with the current status of mafia-type crime by taking advantage of duty, make an analysis of the developing trend of this kind of crime and put forward relevant rationalization proposals about its prevention. According to the writing and format specifications of Master of Laws'thesis of case study class, this paper consists of five parts:The first part is the cause of case, that is, Liu's mafia-type gambling case in Chongqing.The second part is details of the case. The defendant Liu participated actively in and invited others to the mafia-type gambling. By virtue of his influence as a national cadre, he helped the mafia organizations gain huge economic benefits by lending usury to the participants. Finally, Liu was sentenced to death with a suspension of two years, because his behaviors had constituted the crime of gambling, the crime of participating in the underworld nature organization and bribery crime.The third part is the focus of this case. The controversies of this case focused on two aspects: on the one hand, Liu participated actively in and invited others to the mafia-type gambling and helped the mafia organizations gain huge economic benefits by lending usury to the participants. Is his behavior only a simple form of gambling crime or meanwhile a mafia-type crime by taking advantage of duty deserving concurrent punishment for several crimes? On the other hand, if the defendant's acts also constituted a mafia-type crime by taking advantage of duty, how should he be convicted, in the name of participating in the underworld nature organization or the crime of harboring a mafia-style syndicate?The fourth part is the analysis of the dispute. This part aims at an analysis of the focus of this case. Firstly, in addition to the perspective of this research, that is, the basic concept of mafia-type crime by taking advantage of duty, the paper analyzes the relationship between the offender and the underworld nature organization as well as the essential characteristics of the mafia-type crime by taking advantage of duty. Then, an analysis is made about the composition of mafia-type crime by taking advantage of duty. Moreover, a comparative study is made between the mafia-type crime by taking advantage of duty and the crime of harboring a mafia-style syndicate. Finally, this paper studies the causes and developing trend of the mafia-type crime by taking advantage of duty.The fifth part is a conclusion. This part begins with the affirmation of this case, that is, the court's decision on the defendant Liu is fully consistent with the law and the principle of legality. Then, according to the current status and future trend of the mafia-type crime by taking advantage of duty, relevant rationalization proposals about its countermeasures are put forward.