Research On The Cognizance Of The Underworld Property Organization In China

The underworld property organization is harmful to the society. It’s a grave crimegroup, like a cancer threat to the stability of the society. We must blow it with lawharshly. The comprehensive research on the underworld property organization and itsjudicial cognizance has important significance. According to the provisions of thecriminal law article, we will define the underworld property organization as a fixedsize, with the violence, threat or other means, through the illegal crime activity for theillegal economic interests. It has an illegal crime organization form control on acertain industry or area. It includes the organizational characteristics, economiccharacteristics, behavior characteristic, and illegal control characteristic. Only whenthe crime organizations have the four features at the same time, it would be recognizedfor the underworld property organization. The nature characteristic is illegal controlcharacteristics. It is point to the underworld property organization that it destroys theeconomic and social order in a certain area. We choose the qualitative characteristicsfor selective elements. It’s clear that this characteristic just be a means of illegal wayto control the society. Whether to have this characteristic, should according to specificcases and decide. Distinguish between the underworld property organization and othercrime organization boundary, we should based on the actual situation in our country,the vast majority of the underworld property organization does not have the completeadvanced under-society organization form. So it should not equivalent the underworldproperty organization and under-society organization concept. The underworldproperty organization is a special criminal group. Conditioning should according to"criminal law" directly under article294."Black evil forces" is a kind of organizationdegree, the criminal purposes and harm degree are weaker than the underworldproperty organization. There are certain relationship and difference between theunderworld property organization and crime unit. The unit can’t become theunderworld property organization members.