The Cognizance Of The Underworld Property Organization

In recent years, with the ceaseless rising of organized crime in China, the organized crime of the underworld characteristic has also showed an increasing trend, with more diverse criminal forms, thus bringing increasingly severe social harmfulness. In the Eighth Amendment to Criminal Law of2012, the punishment against the underworld was revised, but the cognizance of the organizations of the underworld characteristics was not improved, as there has not yet appeared the real underworld organization in our country. In judicial practices, the problem about how to identify the organizations of the underworld characteristics accurately remains to be controversial.Clearly identifying the features of the organizations of the underworld characteristics is of special vital significance for accurate cognizance of these organizations, and distinguishing between these organizations from other approximate criminal organizations. Standing on the frontiers of academic arguments, this paper clarifies the definition of these organizations under the new situation, and analyzes the behavior characteristics of these organizations by introducing related cases; discusses the "protective umbrella", which is a particular issue in identifying these organizations, from the controversies of its characteristics, cause for emergence, and specific recognition, etc; discusses the evidence requirements for cognizance of these organizations; and distinguishes these organizations from the related criminal organizations including the typical underworld organizations, ordinary criminal gangs, evil forces, rural feudal clans, and terrorist organizations. Therefore, it plays an important role in accurate cognizance of the organizations of the underworld characteristics.