The Definition And Prevention Of Organized Crime

This paper uses analysis, enumeration, comparison and conclusion on the present and other methods of criminal syndicates in China and Countermeasures identified a preliminary analysis and discussion, and analysis, drawing on some foreign countries and China's Hong Kong and Macao, the experience of the fight against organized crime practice, and strive to establish and improve some of the legislation to combat criminal syndicates and procedural recommendations and measures to further strengthen our fight against organized crime syndicate their own modest contribution.First of all, introduces the definition of triad gangs. For our country's concept of Mafia there are many different theories, such as organized crime group, said that a special group, said that such interpretation of the Criminal Code, and through other regions and the definition of organized crime and to explore the situation of our country, the triad defined.Second, discusses the underworld of organized crime for the legislative status and problems. Including China's current Criminal Code provisions on criminal syndicates, as well as legislative and judicial shortcomings. Criminal underworld of crime, including three counts:organizing and leading crime syndicates; entry development triad crime; cover, condone Mafia crime. Through the analysis of the various charges that on our criminal laws and regulations, and judicial problems. If the definition of Mafia blurred, not clear; criminal legal norms and judicial measures on the lack of legal loopholes still exist in certain behaviors; lack of witness protection system.Third, discusses China's judicial determination of criminal syndicates, as does not exist on the triad of organizations recognized by the program, just make sure an organization is organized crime groups, which constitute the organized crimes. Therefore, in accordance with the characteristics of Mafia finds himself in the provisions of the Criminal Law Amendment eight characteristics of a criminal syndicate based on the characteristics of how accurately identified by, and described other similar discrimination between the crimes.Fourth, the discussion and analysis of the current development of China's underworld of crime trends, it should be based on justice responses to the further development of our country's urgent need to further improve the judicial process. In the fight against criminal syndicates to the attention of other similar crimes and discrimination, were cited with criminal gangs, syndicates, evil, criminal groups and terrorist organizations, the distinction between activities; were discussed and analyzed the United States, Italy, Japan, Germany and other regions of China Macao judicial measures against organized crime. I believe that China can learn from other regions of the anti-triad measures, and constantly improve our judicial measures. Such as the United States provides economic security measures, and a special anti-triad group, organized the establishment of the Justice Department investigation team; Italy set up a special anti-mafia department, particular note is the development of the repentance law; in Japan, was identified as violent group has only the significance of administrative law, does not necessarily constitute a crime, that is, the identification of violent groups and identification of the crime is isolated in the program. Country-specific procedures have some common characteristics:most of the region have set up a special anti-triad sector, and had a special anti-triad legislation; attach great importance to the protection of witnesses; punishment system is also organized crime improve. The Legislation and is important for reference. Finally, measures to make recommendations for our executive compensation program or suggestions. To improve the construction of administrative compensation program, the actual situation in our country, learn the advanced experience of foreign countries, should focus on strengthening the following:to strengthen penalties System and the substantive law and procedural legislation perfect; conditionally learn the advanced experience of other regions to strengthen Gangland crime prevention.