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The Research Of Mafia Crime Problem In The Transformation Of Our Society

Posted on:2013-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:C J ChenFull Text:PDF
GTID:2246330371999636Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Organised crime with gang nature is one of the serious social problems of our country. With the progress of China’s reform and opening up and, the acceleration of social transformation, the conflicts of various social aspects are also growing. This inevitably contributes to the development of organised crime. During the critical period of the acceleration of the transformation, the increasing of the number of organised crime poses a serious threat to the stability of society and the vital interests of the public. Faced with the grim situation, it is critical to suppress and prevent organised crime. Although it is not possible to eradicate organised crime in a short period of time, but it is necessary to overturn the trend of expansion and spread.To begin with, the author discussed the disputed concept of organised crime with gang nature in academic research, and then further analysed the characteristics of organised crime in order to capture its essential nature, to be able to fight against the crime in a fast, accurate and consistent way in practice. In the meantime, I analysed and forecasted the development trend of organised crime in the transition. And combined with the background of the current social transformation, I analysed the underlying reasons of organised crime at macro (including factors such as economic, political, cultural, social etc.) and micro level (including the psychological factors of the criminals and their families of growth). At the end, I come up with the measures to better fight against and prevent organized crime in accordance with the current status and reason of organised crime with gang nature.Firstly, this paper discussed the relevant provisions of organised crime within the current Criminal Law of the People’s Republic of China and the Amendment (8), and raised the questions as well as some scholars’argument. Through a comprehensive analysis and comparison, this paper drew the key concept of organized crime. This paper distinguished the concept of organised crime and other related concepts on this basis, and further clarified the concept of organised crime, which will facilitate an accurate grasp of organized crime in practice. The author believes that the controversy in the question in the relationship between organised crime with gang nature and the gangland organized crime is insignificant; regardless of whether the organised crime with gang nature is the gangland organized crime, its serious threat to the society and its aim of illegally controlling the society are the same.Secondly, the author analysed the characteristics of organised crime with gang nature mainly from two perspectives. In the first perspective, the author analysed the basic characteristics of organised crime and clarified that the essential characteristics is its illegal control of the society; meanwhile, the author gave the personal view of the "protection umbrella". In the second perspective, through the analysis the development process of Chongqing GongGangmo’s organisation with organised crime, the author described the growth of organised criminal organisation and an accurate grasp of the general rules, which provides ideas for future fight against organised crime.Again, our society is currently in the process of transformation, which provides a breeding ground for organised crime. There is an obvious increasing in the number of crimes and the means of committing the crime become more and more concealed and modernised. In the meantime, the penetration of foreign criminal organisation contributed to the trend of internationalization of the Chinese criminal organisations. Faced with the grim situation, we must give a high degree of attention and adjust our measures accordingly to this trend.China is currently in the transformation with rapid economic development, widening gap between rich and poor. Due to factors such as the high unemployment rate and huge competitive pressure, it is easily for various conflicts to intensify, which gives organised crime an opportunity. Organised crime in the transformation has its deep political reasons, economic reasons, social reasons, cultural reasons and the personal factors. This paper analysed these aspects one by one in-depth, and concluded that organised crime is the results of these conflicts.Finally, the author pointed out some problems within the current measures in fighting against organised crime of gangsters, and suggested the direction of improvement:in addition to improve the legal system, we should pay attention to the purification of the entire social and cultural environment, strengthen international cooperation in response to the new trend of organised crime and learn the advanced experience from foreign countries.
Keywords/Search Tags:criminal organisation of gangland, protection umbrella, fight against organised, crime of gangsters
PDF Full Text Request
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