A Research On The Special Proceedings Of Organized Crimes

Organized crime is currently concerned by the international community. However, it has been a long time that the understanding of organized crime between the academic circle and judicial practice of China is in a state of confusing. Even now, there is no identical definition of organized crime generally recognized by the masses. The62nd plenary meeting of the UN General Assembly was held on November15th,2000.In this session, the United Nations Convention against Transnational Organized Crime Convention (Palermo Convention) was adopted. A specific definition of organized criminal group was given in the article2of this convention as follows:The so-called "Organized criminal group" shall mean an organized gang of three or more people, in order to obtain, directly or indirectly, a financial or other material benefit, existing in a certain period and acting in concert, committing one or more serious crimes or offences established in accordance with this Convention.Since30years of reform and opening up, China’s market economy get a rapid development. Under the economic development, not only the strength of the national economy but also the people’s living standards is significantly improved. Evils terminated in the early history of the PRC, such as gambling, drug abuse and prostitution, have recently been revived and even the trend of resurrection seems to have intensified. The growing scale trend of organized crime cases has imperiled the social stability, economic security and grass-roots governments greatly. It has become one of the major worries in establishing a harmonious society. Every country in the world had to face up to the issues related to effective means of opposing and curbing organized crimes. China, in social transition, also has to stand up to such challenge. To face the growing challenge of organized crime, we should begin with the discussion of the definition of organized crime, its evolution and development trends, and make comparisons as well as references among the judicial practices of other countries, especially developed countries, in fight against organized crime. In order to perfect the legislation of the proceedings of organized crime, we should learn from mistakes and review useful experience.Organized crime differs from the past, the ordinary crime offenses. Thus, to better fight against and prevent such crime, it is essential to scheme out a set of strategy specified to organized crime, according to its specific characteristics. Criminal law and the criminal procedure law, as well as the lawyer system should be included in the scheme. Organized crime is increasingly becoming serious problems endangering the stability of our social order. So, the timely established special proceedings of organized crime are required to effectively prevent the organized crime. Such establishment not only can consummate our existing criminal legislation, but also can balance among varied value conflicts better. Again, on the merits of our criminal procedure, such perfection is needed.