The Underworld Society Crime Problems

Since reforming and opening, the underworld society crime in some regions of Chinahave emerged one after another, and obtained the rapid development, its illegal activities arealso increasingly rampant, serious harm to the people’s life, property and the normal socialorder. The Central Committee in2000and2006to carry out the deployment of the two crimecrackdown campaigns, curb the crimes of mafia-style organization spread of the objectiveneed of development. Inside quite long henceforth inside a paragraph of period, mafia caseinvestigation, prosecution and trial will be very arduous task. Therefore, it is necessary forsuch cases involved the applicable law, policy to grasp the problems in-depth study, thusensuring the strict law enforcement, judicial justice, to realize cases dealing with legal effectand social effect of uniform height. So to understand the realities, in-depth study of theorganized crimes of the underworld society, for accurate against organized crimes of theunderworld society has the reality guiding sense.Our country’s criminal legislation stipulation, the underworld society crime includesthree specific crimes, namely organization, leadership, participate in the organization withunderworld society nature; immigration development underworld organization crime; shield,the crime of underworld nature organization. The underworld crime although to a certainextent on the organization of the underworld nature played a deterrent role, but there are stillmany shortcomings. Our country criminal law educational world to the underworld societycrime is a lot of discussion and research, but so far has failed to reach a unified theory. Theauthor attempts from the underworld society crime defined problems, the problems existing inthe judicial practice, foreign underworld crime legislation present situation, our countrycriminal law about the organization of the underworld nature crime legislation presentsituation and the existing deficiencies and Countermeasures of problems such as, on theunderworld society crime research.This paper is divided into preface and five parts: introduction to the domestic and foreignunderworld crime research status were reviewed in the paper, the paper points out the researchangle and method. The first part of the organized underworld nature related concept, legislative history, characteristics and related crimes comparison described below, the studyprovides a theoretical basis. The second part, on the crimes of mafia-style organization for thespecific crimes in the judicial practice and put forward the possible problems and thecorresponding solutions. The third part, introduced the United States, Germany, Japan andother countries about the underworld organization crime legislation, to study its legislativecharacteristics, and tries to discuss to our country criminal legislation and guidance. Thefourth part, through the understanding of the criminal law of our country about theunderworld society crime legislation present situation, points out the disadvantages in thelegislation and puts forward concrete suggestions.This paper will be the underworld society crime legislation and practice, the organizationwith underworld society nature of the definition of related concepts and judicial practiceproblems as the starting point, on the crimes of mafia-style organization three specific chargesin-depth study. Through the comparison of the underworld organization crime legislation ofour country, the underworld society crime legislation current situation undertakes an analysis,in order to further improve China’s underworld society crime legislation. Can not only enrichour country underworld society crime question research, but also can promote our countryagainst the crimes of mafia-style organization system, have important and far-reachingsignificance.