Research Of The Crime Of Underworld Characteristic Organization In View Of Law And Econmics

After reform and opening up in 70 20th centuries, follow with market liberalization and Economic diversification, the underworlds characteristic organizations, which had perished in the early days of New China, were appeared again. In recent years, the underworlds Characteristic Organizations are uninterrupted growth and increasingly mature. Its social harm increased. Our countries have introduced policies and increased the intensity and frequency of anti-underworlds characteristic organizations. Closed in June 2010, the entire country has cracked down more than 1400 underworlds characteristic organizations. The Anti- underworlds Characteristic Organizations storm first raised by Chongqing government in 2009 is the appearance of governments at all levels deceived to hit underworlds characteristic organizations. In order to hit underworlds characteristic organizations, we should increase the punishment, at the same time find out the causes of crime, so that we can crack down it completely. The root cause and ultimate cause of the Crime of underworlds characteristic organizations is economic interests. So, we should analyze the existence and crime causes of underworlds characteristic organizations in view of law and economics. And then, increase its crime cost, reduced and ultimately eliminate its criminal mind. The first part of the article gave an outline of the origin, research purpose, current situation and research approach of the underworlds characteristic organizations. Recently, the action of crack down on underworlds characteristic organizations is expands from coast to coast and has made some success. But it is hard to eliminate the root of underworlds characteristic organizations. In order to eliminate the underworlds characteristic organizations ultimately, we should analyze the crime cost and crime proceeds of underworlds characteristic organizations in the method of economics. Then find out the root cause of crime and hit it effectively. This article adopt philosophy research methods, comparison method, law and economics analysis method, literature note method and empirical analysis method to analyze the law and economics theory of underworlds characteristic organizations. The second part introduces the general situation of the underworlds characteristic organizations. Now the scholars have not reach a unified view about the definition of underworlds characteristic organizations. The underworlds characteristic organizations are organized strongly, their activities have a violence nature. They pursue the economic interests and collaboration with national staff, so that they have serious social harm. There are many reasons include history reason, culture reason, political reason, economic reason and external reason, to the generated of underworlds characteristic organizations. The underworlds characteristic organizations threatening people's lives and property, destructing the socialist economic market order, disrupting the social order, corroding the state power. The third part introduces the current situation of underworlds characteristic organizations and legislation in China. The underworlds characteristic organizations of our country have experienced a period of great development. They developing from the junior to senior and appeared some new features now. The eighth amendment of our criminal law modified the legislation of underworlds characteristic organizations. The fourth party discusses the general situation of law and economics and the fundamental theory of law and economics in criminal law. Law and economics is a subject that research law in the view of economics. Its substance is to do a "cost-benefit" analysis to each sector of legal operation and the whole legal system. The costs of crime include money, substance and mental costs paid directly to the implementation of crime, opportunity cost, penalty cost and so on. So that criminal law can control and prevent crime by increase the penalty cost of crime.