| Along with our country’s rapid economic and social transformation, market economy status is established and the development, based on the distribution of social resources of the market competition in the economic form to the society to create huge material wealth but also brought significant to social governance problem, especially for gang-related crime in the field of economy growing. Recently, through the \"strike hard\" and \"black putting the\" special struggle, domestic gang-related crime began to develop in the direction of to conceal, a large number of new gang-related crime organization and a new means of gang-related crime, to handle gang-related crime brings new challenges, resulting in processing gang-related crime in practice a cyclical rebound in embarrassment. In December 2004, after two times national \"strike hard\" appears after a cyclical rebound, luo gan, the then central politics and law committee secretary, in the central committee of the communist party of China politics and law work conference pointed out that the correct application of the criminal policy of tempering justice with mercy, to seriously endanger public security crackdown on crime, merciless, stick to punish the combined with wide at the same time, the better social effect can be achieved. From then on, the criminal policy of combining replaced the \"strike hard\" criminal policy.Although the criminal policy of combining is proposed for ten years, but in practice, whether in criminal legislation, judicial, or social governance, etc, on the implementation of criminal policy of combining are not ideal, mainly including gang-related crime legislation is imperfect, lack of means, the judicial practice of pursuing an overly, human rights protection does not reach the designated position, and judicial organs fight alone, without adequate attention to prevention, etc.This article through to our country since the reform and opening up putting the \"strike hard\" and \"black\" special struggle phenomenon analysis of judicial practice, through the years \"dozen black putting\" has consistently adhered to \"heavier\",\"\" quick,\" outcrop dozen \"and a series of criminal policy for selective criticism, draw lessons from the value of this part, combined with domestic and overseas experience against gang-related crime, the criminal policy of combining, directed by the theory of two dimensions, respectively through the light and strictly gang-related crime in our country development speed, regeneration ability, survival time is shorter,\" fiendish to take \"trend, and various development gang-related crime forms alternate evolution, coexist and wait for a characteristic, as well as the typical gang-related crime organization type, and then introduce gang-related gang-related crime and the criminal policy of combining applied in processing gang-related crime present situation, the principle, as well as the specific performance and requirements. On this basis, it is pointed out that the current domestic use of dealing with gang-related crime in the criminal policy of combining, and respectively from the two aspects of legislation, judicial recommendations to deal with gang-related crime in our country, including the general concept of organized crime in general provisions of criminal law, enlarge the extension of gang-related crime concept, ease the condition of gang-related crime organised crime, and lower the difficulty of organized crime into sin, appropriately increased police organized crime charges accordingly, and legislative Suggestions such as establishing the system of witness. In judicial work, at the same time, attach importance to human rights protection, careful investigation technology, establish special gang-related crime prevention and control institutions, formed the gang-related crime information sharing and the diversified social defense mechanism. |
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