The Underworld Property Organization Crime Research

Since the reform and opening up, with the continuous development of China’seconomy, China’s social aspects have got great progress, at the same time, crime associal development with biological also produced a series of change, produced a fewnew crime, organized crime has become a crime typical representative and seniormanifestations, black the social nature of organized crime is a new kind of crime.China’s" criminal law"294th clause", the organization with underworld society nature"refers to the violence, threats or other means, carries on organized crime, dominate theparty, do evil, bully to injure people, serious damage to social economy, social life orderorganization. The underworld society crime seriously affected and threatened thecountry’s political system, economic order, social order and cultural system, has becomeChina’s social health to develop a "tumor". Comparison of Chinese and Westerncapitalist countries in the political, economic, social and cultural differences, the blacksocial development history, analyzes our country organization of the underworld natureand definition of the status quo, to sum up, the underworld society crime reason to havethe following two points: first, the underworld society crime is the market economywith biological, under the condition of market economy is the product of individualdesires expansion; second, it is the state of the effective social control weakens. Thereasons, is also divided into social, political, economic, criminal inferior culture andforeign forces infiltration. Effective control and attack the organized underworld naturecrime has become China’s social transformation in the face of a pressing matter of themoment, but also to maintain social stability, national long period of stability is theimportant guarantee. Draw lessons from foreign advanced experience, using the"prevention first, strike, special rectification, mobilize the whole people" method, theimprovement of legal system, strengthen law enforcement, and the combination of"criminal law amendment (eight)" on the organization with underworld society nature tomodify and improve, the spirit of " uproot all evils, attack and fight back, outcrop hit"method of work, to maintain social and economic order is orderly move, safeguardsocial stability and unity of purpose, practical, stable, efficient use of the criminaljustice policy, ability for our socialist construction escorts the emperor convoy. On theperfection of the underworld society crime legislation, have the following suggestions:first is to increase the maximum statutory penalty, intensify legal type amplitude;followed by the appropriate set of burden of proof system, the introduction of criminalproperty; again is to perfect the qualification penalty configuration; then is the additionof " national staff involved in the crimes of Mafia-style organizations the provision shallbe given a heavier punishment"; final against organized crimes of the underworldsociety, adding a special penalty execution system.