Study On Japan’s Criminal Legislation Of Yakuza

Japanese Yakuza has a very long history, and the yakuza in the true sense had existed from the Edo period. After long period of development, right now, even from a global perspective, on number of organization, personnel, financial and material resources, Japanese yakuza can be called the greatest level organized criminal gangs. And the Japanese legislation is also from three aspects of "human, financial and material" to regulate yakuza crimes, the effect can be said very significant. The headcount of yakuza has been gradually reducing from its height of184,091. According to statistics the number of gang members in Japan in2012(which includes constituted personnel and prospective constituted personnel) was63,200people, not only that, the crime number of yakuza members also fell to below30,000in2009, and thereafter decreased with rate of10%. The role of criminal legislation cannot be ignored, especially Anti-Boryokudan law and three laws of organization is particularly important. Throughout the domestic research status of Japanese yakuza, more focused on the macro theory. Due to the limitations of the theoretical level, this article focuses on the exploration of the contents of Japanese yakuza criminal law. Stones from other hills may serve to polish jade, through meticulous carding the contents of Anti-Boryokudan law and three laws on organizational crime, explore the experiences and lessons learned in criminal legislation of Yakuza, to let it used for the improvement of China’s legislation for crimes related to gangs.In this paper, the structure can be divided into three parts:The first part is an overview of Japanese yakuza, including the origin and definition of yakuza and the history and countermeasure evolution of yakuza. Same with gangdom of most countries, Japanese yakuza from hooligans evolved into temporary accomplice, and after development became criminal gangs with looser structure; through continuous development, the members were gradually fixed and level appeared, and then criminal gangs became criminal organization with a certain organizational structure, afterwards by upgrading the organizational structure and the means of crime had become organized criminal group. The historical trajectory of yakuza not only created the status quo of yakuza but also greatly affected the existing legislation on yakuza. Only conduct detailed analysis on the development models yakuza in different periods, can better find the lessons learned for legislation.The second part is the discussion on the status of yakuza criminal legislation, mainly involving criminal law, Anti-Boryokudan law and the three laws on organizational crime, including the contents of Chapter2,Chapter3and Chapter4. The research on legislation should follow the comprehensive and systematic principle; only analysis of individual provision cannot see the whole picture of the law, so this paper through a comprehensive analysis on the provisions of the law, to ensure the authenticity and integrity of the research.The third part is the discussion of the reference significance for Japanese yakuza criminal legislation, including both macro and micro parts. On macro is the reflection on the legal system improvement, on micro is the detailing of specific contents, and arise my limited proposal combining macro and micro.