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Mafia Organized Cirme And Sentencing Problems

Posted on:2013-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:N WuFull Text:PDF
GTID:2246330371979802Subject:Law
Abstract/Summary:PDF Full Text Request
Organised crime and standardization of the sentencing of the study Underworldcrime belong to that seriously endanger public organised crime, this crime andterrorism, crime and drugs called today’s world of three catastrophic crime. Since thereform and opening, organised crime resurgent in mainland China. Especially in20century and the21st century, Chinese society entered the period of socialtransformation, the economic structure, the political structure, cultural structure tocombination, social interest to redistribute, various kinds of social relationsadjustment, social levels clear differentiation, and social control the relativeweakening, crime quantity which soars, and gradually penetration to economicsociety in all areas. In reform and opening up China’s criminal law and not beforeabout the provisions of such crimes, along with our country’s economic and socialdevelopment, organised crime in cyberworld, and present a serious social harmfulness,brutal sex and violence, strong TanLanXing, highly organized, half hidden half openand certain regional characteristics, in order to be able to play the effective preventionand the fight against organised crime, criminal code in1997established the charges,and gradually perfected, up to now has been formed a on organised crime and thecharacteristic of the charges are clear complete system. The underworld propertyorganization crime with Chinese characteristics is a kind of crime, in all countries inthe world have no such concept to regulations, a crime form, it is with the reform andopening-up to the development of market economy, the progress of the society, ourcountry’s economy, culture constantly engaging with the world and gradually toorganization developed a kind of crime. The underworld property organization asorganized crime a form, which is different from the general crime group, is differentfrom the typical gangdom organization, with terrorist groups, cult organizations, localevil forces also have significant differences. Ought to be in accurate definition of the concept of the underworld property organization, look at its constituents, clarify theand other forms of organized crime to differentiate between the boundaries of,respectively, processing, thus better against illegal and criminal activities. In recentyears, China continuously carrying on the dozen black special struggle, dealt with alot of the underworld property crime organization, not only make the charges in thejudicial practice has played a very good guidance function, and maintain a party thestability of the society.The underworld property organization crime intentionally hurt, usuallyaccompanied by forced trading, extortion, stir-up-trouble crime occurs, on May1,2011the of the amendment of criminal law (8)", and fully considered organisedcrime in our country, the current situation of organised crime to the derivative crime,which forced trading charges, extortion SINS, and stir-up-trouble crime the terms andconditions are made the corresponding modification, increase the underworldproperty organization crime to be enforced. The supreme people’s court on June2009formulated by the people’s court sentencing guidelines (try out)", this opinion is forthe purpose of further regulating the penalty discretion, and implement the criminalpolicy of tempering justice with mercy, enhance the publicity generated by thesentencing, realize the balance of the sentencing, safeguard judicial justice andformulation, the provinces have combined with the province and after trial practiceformulated the practical implementation details of the specific charges for a methodof sentencing. Our country criminal law on to existing organised crime charges to beperfect and refined, the judge in the judicial practice processing base in organisedcrime. At the same time our country and timely the standardization sentencing reform,issued a "people’s court sentencing guidelines (try out)", and will be organised crimeassociated with stir-up-trouble, extortion, forced trading, deliberately hurt, illegaldetention violent crimes such as included, and these charges in the people’s courtsentencing guidelines (trial implementation), and the specific provisions in thesentencing method, achieves truly in the based on facts and take the law as thecriterion, and on the basis of sentencing equilibrium realize suiting punishment principle. This paper will be organised crime and standardization of sentencingtogether to explore, is divided into three chapters discussed.
Keywords/Search Tags:Underworld Organization, Mafia Organized Crime, Sentencing Standardization
PDF Full Text Request
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