Organized Crimes Of The Underworld Society Judicial Cognizance

China is committed to prevent and beat the Gangland-like-organizedCrime. The Criminal Code created the concept of theGangland-like-organized Crime in1997, which regulated thecharacteristic of such crime. However, the rule is so vague that thejudicial department cannot identify the crime easily. Therefore, theSupreme Court and the NCPC published interpretations, which regulatedthe crime more clearly. The amendment8of the Criminal Code modifiedthe characteristic of such crime. However, there are still many problemsin the identification of the crime. In the following, this thesis wouldanalyze this crime in the four aspects.The first part is the identification of thegangland-like-organization. Firstly, this part analyzes the concept ofthis crime, and the academia has not had a uniform concept of this crime.The second question is the standard of the gangland-like-organization.The thesis is mainly based on the rule of the criminal code, whichidentify the crime from the four features. The third question is how todistinguish the concept among criminal gang, terrorist andgangland-like-organization.The second part is identifying the population of thegangland-like-organization. The first question is the legislativesituation of such question. The laws usually use the word of "highernumber". However, the concrete meaning of the"higher number" isdifficult to identify. Many scholars gave their suggestions. This thesisagrees on the view of "more than10people". Moreover, this thesisargues that the number of the backbone should also be discussed.The third part is the identification of the behaviors of organization,leading and participation. Firstly, how can we identify the organization? Secondly, we identify the behavior of the leading. Thirdly, this thesisanalyzes the concept between participation and active participation.Lastly, this part analyzes two special situation of the participation.The last part is network underworld. This part analyzes the conceptand characteristic of the network underworld. In the following, this partanalyzes the nature of the network underworld, which is a kind ofgangland-like-organization. Lastly, this part gives some suggestion ofpreventing the network underworld.