On The Legislation Of The Crime Of Underworld Organization

Underworld crime is caused the social harmfulness extremely serious a crime, itsexistence and development is very harmful to some countries or regions of the politicalorder and economic order, with the globalization of economy and the degree of civilizationof human society continues to improve, organize gangster crime form also appeareddifferent evolution degree, compared with the past to the dangers of social significantlyincrease, especially since the21st century, science and technology progress, underworldcrime means looming modern trend, with international influence multinational organizationappeared between alliance, the countries all over the world to fight organized crime on akind of difficult, therefore, on November5,2000, the United Nations formulated relevantinternational conventions, in combating international organized crime play a crucial role.But in China, as a developing country, economy is developing rapidly, and at the sametime, the development of Underworld crime faster, more fierce momentum, more andmore high degree of internationalization. This paper mainly introduced through the UnitedNations against the lifeline of organized crime convention and in some developedcountries in legislation and Hong Kong, Macao, and Taiwan regions legislative situation, isone of the successful experience for reference legislation in China, points out that thecriminal legislation hit gangdom defects of our country’s legislation against blackimproving Suggestions.This paper first introduces the United States, Italy, Japan and other countriesorganized crime development process, these countries of organized crime in the worldwith a strong power, at present has appeared multinational organization the alliancebetween the, the international community to strengthen the transnational organizationblow, sheet relies on a multinational organization is hard to complete its crime. Therefore,this paper attempts to the United Nations convention against organized crime, mutatismutandis, developed countries and regions of legislation in China, points out that in theframework of international scope of how to effectively with criminal law regulation toorganized crime, especially Underworld crimeSecond, introduced in developed countries organized crime Underworld of punishingcriminal legislation and international treaty on the basis of relevant legislation of ourcountry is put forward by some not mature revision opinion. Of course, these problems in our legal science, many scholars have for many years and made unremitting efforts andexploration. In addition, the international convention is the international community fightorganized crime important legislation, reflected the cooperation of countries, to fight thelifeline of organized crime has contain function, this article through and internationalconvention contact and contrast put forward his immature some points, main is addingnew Underworld crime charges, set Underworld unit criminal punishment system andpenalty system and increase property punishment, improve the legal punishmentFinally, the black legislation in China experienced a start from scratch, from criminallaw article to the judicial interpretation, explained the process of legislation enacted, but inthe current criminal law Underworld crime still has many shortcomings, from thelegislation situation, in the substantive law and procedural law, are there important defects,this paper discusses the black in the legislation of the defects existing in the substantivelaw and procedural law deficiency of put forward some improvement Suggestions, thereby,in legislation, perfecting the overall black legislation.