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Research Of Application Of Criminal Law On The Crime Of Mafia-style Organization

Posted on:2013-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:B N LiFull Text:PDF
GTID:2246330362467805Subject:Law
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Since1997, the Crime of Mafia-style Organization first provided in CriminalLaw, the discussion about Application of Criminal Law on the Crime of Mafia-styleOrganization has been carried out in a very wide range, whether in judicial practices,or in theoretical studies. Since2003, the author has been working in the first line of“Crime crackdown” special operation, and investigated many cases about the Crimeof Mafia-style Organization. He has more direct experiences of problems encounteredin Application of Criminal Law on the Crime of Mafia-style Organization. Thediscussion about Application of Criminal Law on the Crime of Mafia-styleOrganization from the following parts:In Part One, as a starting point, the author discussed the identification of themafia-style organization in Criminal Law from three aspects: Evolution ofLegislation on the Crime of Mafia-style Organization, Differentiation and Analysisbetween Mafia-style Organization and Underworld Organization, and Relationshipbetween Mafia-style Organization and Organized Criminal Group.In Part Two, with closed cases on the crime of mafia-style organization, theauthor explored and discussed deeply the identification of the underworld(mafia-style)organization, starting with four elements: Organizing Feature, EconomicCharacteristics, Behavioral Characteristics and Hazardousness of Mafia-styleOrganization.In Part Three, the author explained some specific problems encountered inapplication of criminal law on the crime of mafia-style organization, includingIdentifying Mafia abroad and Determining the Nature of Our CitizensParticipating in Overseas Underworld Organization, State Functionaries ParticipatingOverseas Mafia-style Organizations, Property in the Crime of Mafia-styleOrganization.In the Last Part, the author thought the principles that the crime of mafia-styleorganization adapts to the penalties provided in Criminal Law, and he expounded:” Iam not in favor of increasing the penalties for related offenses about the crime ofmafia-style organization, because it is an abstract offense, and its serious harm to thesociety is actually posed by implementing a series of specific criminal in an organizedform.”...
Keywords/Search Tags:the Crime of Mafia-style Organization, Organized Criminal Group, Applicable to Criminal Law
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