The Theory Of The Underworld Property Organization Crime’s Basic Characteristics In Our Country

The accurately defined syndicate is the key to punish the crime syndicate, the existing criminal lawprovisions of the basic characteristics of China’s Mafia organization rather abstract and vague, China’stheory and the judiciary, there has been awareness and understanding of different judicial practice broughtmany problems. The Criminal Law Amendment (h) acknowledge and fully absorb the NPC StandingCommittee on the content of the legislative interpretation of the syndicate and write ordinance, improve therelevant laws and regulations of the basic characteristics of the crime syndicate, to combat organized crimesto provide a legal basis. However, with the continuous development of the social economy, the profoundimpact of globalization and internationalization has become increasingly evident, syndicate crime in Chinatend to be large scale, strong violence, the charges made against a wide range of high degree ofprofessionalism and intelligence level, the development trend of cross-regional cross-border modus,continue to reflect the new features.Protection Law itself, there is a lag, which makes this type of crime in the identification and treatmentof specific and can not effectively deal with reality, some of the new Mafia organized crime behavior,making the effective containment and the fight against organized crimes acts become increasingly difficult,therefore urgent to improve the level of criminal legislation these problems, more timeliness and relevanceof the legislation on the provisions of the basic characteristics of the crime syndicate. The author attemptsto put forward some suggestions to further improve the relevant legislation, by analyzing the actualdilemma faced in the relevant legislation and judicial practice of organized crimes basic features, to thebenefit of judicial practice. This article discusses the basic characteristics of the crime syndicate launchedfour parts:The first part is a basic feature on our black will be the nature of organized crime legislation evolution.The section describes the relevant provisions of1997amended section294of the Criminal Law of thePeople’s Republic of China on the basic characteristics of the crime syndicate, December4,2000, theJudicial Committee of the Supreme People’s Court on the trial of the underworld by nature cases oforganized crime and the specific application of the relevant provisions in the laws of several explanations, April28,2002, the Standing Committee of the National People’s Congress of the syndicate into legislativeinterpretation of provisions to the Criminal Law Amendment (eight) the provisions of the basiccharacteristics of the crime syndicate, and briefly respective shortcomings.The second part of the analysis of the status of the basic characteristics of Mafia organized crimelegislation. The main part of the Criminal Law Amendment (h) of Article43of the larger changes made inArticle294of the Penal Code, for example, due to the differences of the Supreme People’s Procuratorateand the Supreme People’s Court on the "umbrella" is a prerequisite requirements, than,2002in the NPClegislative interpretation will "umbrella" requirements as the selective elements related controversysubsided practice, but in theoretical circles, there are still different views on the Criminal Law Amendment(h) Article43of the Penal Code294made larger changes, coupled with the general part of the content, andpenal original and legislative interpretation contrast, to further clarify the characteristics of the syndicate.The third part is mainly to study the development of Mafia organized crime situation and legislativeaspects of the defect in the plight of the judicial practice. Of the basic characteristics of organized crimesprevention and punishment measures far behind the current development of organized crimes. Embodied inthe new era of Mafia organized crime sometimes does not correctly apply the law, resulting in a number ofMafia organized crime to evade legal sanctions, this is bound to affect the public life of the community,leading to public order can not be effectively run. Therefore, it is necessary to investigate the defects of thecriminal law legislation.The fourth section presents a few suggestions to improve the basic characteristics of the crimesyndicate legislation. Research in the area of criminal law legislation and its Commentary. In this paper, onthe basis of lack outlined our the organized crimes basic characteristics in the Legislative highlights how toimprove the main content of the relevant legislation, in order to explore the legislative model of the basiccharacteristics of the crime syndicate.