On The Identification Of The Organization In The Nature Of Criminal Underworld

Criminal underworld in old China, one of three major kinds of underworld organizations with the longest history, is equally famous as Mafia in Italy and Boryokudan in Japan. In the decades after the founding of New China, the underworld organizations had nearly extincted on the mainland. However, since around1980the underworld organizations in mainland China have been resurgent and even getting worse. These organizations do not have the complete characteristics of criminal underworld organizations, crimes committed by which are more serious than the general organized crimes while less than the typical underworld crimes, therefore such organizations are called as "organizations in the nature of criminal underworld".It is necessary to conduct a profound analysis on the legal features of the organization in the nature of criminal underworld in order to accurately identify them. In terms of "organizational characteristics", the strictness means that the internal structure is relatively rigorous, the division of labor is clear and the discipline rules are strict. As to the identification of the "organizational discipline", the clear organization name, program, constitution, activities regulations and so on are not necessary for an underworld-natured organization. In "economic characteristics" respect, it is obvious that the ultimate goal is in pursuit of huge economic benefits. The methods of obtaining economic interests are varied, from violent ways such as collection protection money to management of a lawful business to acquire wealth by illegal means, whose forms are needed to be accurately judged in judicial practice. In the "behavioral characteristics", whether a crime is organized crime is determined from two aspects:the crime is committed under the organization name and its purpose is to maintain the interests of the organization. With respect to "illegal control characteristics", the "protective umbrella" is no longer recognized as the necessary characteristic of the organization in the nature of criminal underworld, but an optional feature. For the identification of "playing the tyrant in a locality", the realization methods includes violent means as well as the "umbrella" shielding; its scope should also be a specific region or industry; the result is the formation of illegal controlled in certain area and scope. Several differences exist between the organization in the nature of criminal underworld and other criminal organizations. Compared with the terrorist organizations, the differences are reflected in following four aspects:the criminal purpose is different since the underworld-natured organization is not with political nature; the extent of the hazards is distinct because the harm of the underworld-natured organization is limited in a specific geographical area; the criminal means are also discrepant since means of underworld-natured organization are diverse and various whereas those of terrorist organization crime means are relatively simple, usually violence; the violations objects are also different because that the objects of underworld-natured organization are mainly specific ones which influence the realization of their economic interests while the target of terrorist activities is arbitrary. Compared with the cult, the differences are manifested in terms of organizational nature, purpose, structure, objects and means. The nature of an underworld nature organization is an assaultive group while cult an evil religious organization. A underworld nature organization is established for the purpose of obtaining economic benefits and engaging in illegal control; a cult, on the other hand, is set up to strengthen internal control. In term of organizational structure, the underworld nature organization is of clear division of labor. The violations objects of the organization are people in certain regions or industries but the cult are its adherents. The means of infringement are different, the underworld-natured organization is mainly through violence and the cult through the spiritually abusive ways.