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Study On The Property Recognized Rules Of Criminal Organizations

Posted on:2014-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y X HuoFull Text:PDF
GTID:2296330425479415Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Organized crime, with its great harmfulness to society and become the focus of worldattention. To effectively fight against organized crime, the most direct and effective measureis to cut off economic source of organized crime, to destroy its economic basis, however, thisis according to certain rules for the premise of accurate cognizance crime organizationproperty. But, in our country, the normative basis did not identify the provisions of the rulessystem, in theory, the lack of identified rules thorough research, criminal organizations inreality of the illegal income and presents a very complicated state, together with the peoplepaying more attention to the guarantee of citizen’s private property rights, all this requires usto give more concern and attention of the property identified rules of criminal organizations.In this paper, the basic concept as the starting point, the basis for setting propertyidentified rules of criminal organizations elaborated depth argument, in particular, in-depthdemonstration especially regulations on the criminal organizations of property.The full text, in addition to the introduction and conclusion, is divided into three parts:The first part is the definition of "basic concepts". To accurately clarify "criminalorganization" and "’ property ’organized crime in chinese criminal law" the two basic concepts.This article by combing the meaning of the term "organization", and comparing the organizedcrime and gang crime, and concluded the definition of organized crime, namely three or morepersons for the implementation of organized crime, there are obvious ringleaders, internalwith strict discipline, criminal continuity, surviving with the stability of the group. Throughdefining the concept of "criminal organization" its characteristics, and to distinguish betweenconcepts associated with organized crime. The definition of "property" organized crime inChinese criminal law, mainly according to the provisions of article64of the criminal law, theillegal property of organized crime can be divided into: contraband, things for the crime andthe illegal income.The second part is the "criminal organization property rules set basis". Mainly discussesthe property that sets the crime organization should follow the principle of the rule. Theprinciple of rationality requirement rules set up to accord with the criminal law formalrationality and substantive rationality. Deterministic principle requirement rules must betargeted and operability. The principle of rationality and deterministic principle is to set rulesto follow the first. The proportion principle is an important principle in western countries in the field of public law, is of great significance for between public power and private rightbalance, rules of criminal organization property on the one hand is the inherent requirement ofthe principle of proportionality, strict constraints on the other hand, must be subject to theprinciple of proportionality. While crime situation changes in the requirements according tothe development of the times and the change of the crime, formulate rules to adapt to the newsituation.The third part is the "criminal organizations recognized by the specific rules of property".Mainly discusses the rules of contraband, crime tool that the rules, the rules of the illegalincome and on the bona fide third party rule. For contraband goods, should be in accordancewith the "new" rules, to referee law as the benchmark evaluation items are prohibited. Rulesof criminal tools, on the basis of foreign "to promote the basic theory" and the "direct specialtheory", proposed the "association rules", will be divided into criminal tools implement toolsand non-implementation tools. For rules, illegal income which, according to thecorresponding unit confuse legitimate property, related to organized crime in practice ofindividual and illegal income situation to put forward the presumption rules, and therelationship between presumption and burden of proof, presumption of innocence in detail,finally give strict restrictions on the presumption rules; second, according to the illegalincome to total income in practice should prevail or quasi problem in order to make profits,proposed the deduction rules; thirdly, according to the practice of illegal income is how much,suggesting that local rules. The exclusionary rule of the bona fide third party, is based on themeans of crime, the illegal income transfer process, is a bona fide third person to obtain the"stop as" the instrument of crime or illegal income nature of the problem.In the conclusion, in view of the existing legislation and judicial practice problems putforward two suggestions.
Keywords/Search Tags:Criminal organizations, The crime organization property, Associationrules, Presumption rules, The exclusionary rule of the bona fide third party
PDF Full Text Request
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