Research Of The Legal Regulation Of The Underworld-natured Crime In China

In recent years, The Underworld nature of organized crime in China is increasingly rampant, prevention and controlling of Chinese criminal syndicate is one of the important tasks in the current and future period of time. The Underworld nature of organized crime includes the organization’s own related crime and the Underworld nature organized crime. The Underworld nature organized crime in our country is developing more and more quickly, it has brought severe challenges for China’s security environment. But, as deepening reform and opening up, the crime of underworld organization, violence is more and more serious, it is closely linked with political corruption, cooperate with each other, it has increased difficulty to fight against crimes for our country.The Underworld nature organized crime mainly has political, economic, social, cultural psychological and legal reasons. Politically, China is in the period of reform and opening up, the political system is not perfect, some corrupt officials to crimes with a underworld confluence, and become The Underworld nature organized crime "umbrella"; the economy, although our country’s economic development is very rapid, but due to some unreasonable, difference of the rich and the poor is growing the gap between urban and rural areas, security mechanism is not sound, due to the Underworld nature crime to development; social management mechanism is not very smooth, and culture of the feudal Gang thought in some free on the margins of society spread among people, these are reasons for the Underworld nature crime to existence and development. Moreover, our laws and regulations are not perfect, make the Underworld nature crimes continue to spread and grow.Therefore, for the countermeasures of the Underworld nature crime, we should have perfect laws and regulations, On the crime of underworld laws and regulations have done a lot of work, improve the relevant legal system, however, foreign and international society, On the crime of underworld laws and regulations have done a lot of work, improve the relevant legal system, however, foreign and international society for underworld crime legal regulation is compared, our country law has very obvious defects. First in substantive law, we have some underworld crimes was not incorporated into the norms of criminal law, there are no legal person as subject of crime will be prescribed and the punishment is too simple, not play property punishment of underworld crimes against the action; in the procedure law aspect, our evidence system is still not perfect, not conducive to hitting the crime of underworld. Therefore, foreign and international experience, we should perfect the relevant legal provisions. First, our country should perfect relevant law, and the foreign and international social integration, the establishment of strict property punishment system, from the source to hitting the crime of underworld. The second is to establish and improve the combat Underworld Criminal Evidence System, is introduced into the inversion of burden of proof and presumption system, only continue to improve China’s relevant laws and regulations, make full use of legal means, take various effective measures, we can achieve the prevention and control of black society nature organization crime victory, maintaining the stability of our country society, maintain sustained economic development.