Discussion On Damage Relief Of The Injured Party In Underworld Property Organization Crime

Amendment (VIII) to the Criminal Law of the People’s Republic of China had modified the underworld property organization crime to a great extent in a large scope and put property crime into the punishment of underworld property organization crime, which is of great meaning to crack down the crime. Adding property-related punishment to the underworld property organization crime can not only help control this kind of crime, but also mean a lot to the victims. Associating with the social hot spots and the underworld property organization crime cases happened in recent years, this paper analyzes the queston of protecting the damage party in major cases, aiming at exploring suitable methods and means of the vistims’ right relief. This paper’s biggest theoretical innovation lies on putting forward the proposal for setting a special fund for victims in underworld property organizaton crime. Itr takes the newly set property-related punishment as entry point and consists of four parts. The first part is the exploration and analysis of the revised Amendment (VIII) to the Criminal Law of the People’s Republic of China, focusing on its significance on victim protection and the existing defect; the second part is about the actual situation the victims are facing in reality; the third part is the setting up of special fund for victims and fourth part is about the opeartion of the special fund. The stress of this paper is on the protection methods and means for victims, i.e. the special protection fund. As a new operational method, the feature of the special protection fund is that to establish special measures ensuring the right relief and compensation for damages of the damage party or victims in a prompt and sufficient way. Special fund is set up to help fight organization crime and cut its operational economy lifeline, which is of great significance. Based on the analysis of the present situation of victim protection, this paper expounds the newly established property-related punishment as well as the difficulties in judicial practice and the affects to the damaged party, discusses the causes and possibility in setting the special protection fund, and finally describes the methods and means of operating the special protection fund. Based on the classification and analysis of some cases relating to underworld property organization crime and relevant data and books, this paper is refined according to suggestions and inspiration of the author’s supervisor. It provides some inspiration to the victim protection in underworld property organization crime through a series of argument on the operation of the special protection fund, and offers a possible way for judicial practice, aiming at contributing to keep down the underworld property organization crims and safeguard people’s lives and properties security.