On Identification Of Mafia-type Organization In The Sight Of Criminal Policy

Abstract:From Criminal law, the criminal syndicate which is marked as a fixed tissue with three or more criminals apparently should clearly be the criminal groups in joint crime. If the common criminal groups are the advanced form of joint crime, then the Mafia-type organizations and even underworld organizations both are the advanced form of criminal groups. But in china, the criminal law delimits this behavior of organizing, directing and joining this kind of organizations as crime, rather than regard these organizations as pure joint criminal ones. Obviously, such legal provisions is not the product of a common criminal organization, but derived from social factors and factual elements in the organizations. Discovery and analysis of social factors and factual elements is the key to understand the Mafia-type organizations. In addition, China is currently in the early stages of the organized crime syndicate compared to extra-territorial sophisticated organized crime syndicates or underworld organizations obvious transitional characteristics. In the context of current criminal policy, research on Mafia-type organizations crime needs grasp this feature of the transitional.