Study On Underworld Property Organization Crime Related Issues

With the development of underworld property organization crime in our country, it has caused our country the judicial and legislative department’s attention. At the same time, the regulation of our country penal code on the underworld property organization crime has some defects and shortcomings, it can’t conform to the new criminal policy in China, which has urged the country’s legislative branch needs to improve and modify. This paper consists of four parts to describe some underworld property organization crime related issues.The first part is the overview of the underworld property organization. The author did not follow the traditional method, which explain and research the concept of the underworld property organization from the underworld property organization literally. The author discusses the concept of the underworld property organization by the series of characteristics of underworld property organization in practices. Underworld property organization is such a concept that it is between criminal groups and underworld organization. So we must clear the relation and distinction between the underworld property organization and the two concepts. Through the discussing the underworld property organization crime and criminal groups, let us understand the relationship between the two concepts. Through the discussing the underworld property organization crime and underworld organization illustrate why choose use the underworld property organization in our country at present and it is the unique concept of criminal law in our country.The second part is the cognizance of the underworld property organization. In cognizance of the underworld property organization needs to depend on the characteristics of the underworld property organization. China’s judicial interpretation and legislative interpretation clearly defines the characteristics of the underworld property organization. The characteristic of underworld property organization what they define has some differences, one of the biggest differences is about the provisions of the "umbrella"."umbrella" is translated into selective characteristics, no longer the necessary characteristics. In other words, even if there is no "umbrella",it also does not affect the cognizance of the underworld property organization. Judicial interpretation and legislative interpretation, meanwhile, adopt the term "dominating the party". Understanding of "dominating the party" also influences the cognizance of the underworld property organization. The author also discusses it in this paper. Secondly, the author discusses the basic characteristics of the underworld property organization. The author draw the essence characteristic of the underworld property organization control which is illegal control. And by the nature differs from general criminal group and terrorist group cult organization.The third part is the underworld property organization crime legislation present situation and the legislative perfection. Amendment eight has formally promulgated and implemented, Thus discusses the underworld property organization crime legislation is discussed in the view of the status quo is based on eight amendment. Though some of the amendment for the underworld property organization by eight, But this correction where there is still a fly in the ointment, There are still in need of improvement, So need to further improve and supplement.The fourth part of the statement of the underworld property organization mode of legislation. Amendment eight correction for the underworld property organization crime, Shows the improvement in the underworld property organization crime legislation mode is selected on the amendment of legislation mode. So what is the influence factors of criminal law legislation mode, What kind of type is criminal law legislation mode, What are the advantages and disadvantages. Reasons to choose amendment legislation pattern in China as well as disadvantages. With the emergence of underworld organization in our country will inevitably make the underworld property organization there will be a momentous changes. How do we choose how to perfect, this is all need to think deeply about the problem.