On The Identification Standard Of The Organization Of The Underworld Society In The Criminal Law

In recent years, with the increasing of the crime of the underworld organization, the social harmfulness is bigger. Although the current criminal law in determining whether to constitute the underworld organization has made a big progress, but there are still some problems. Therefore,we must re-define the characteristics of the underworld organization, which has an important guiding significance to accurately combat the crime of mafia. This text is divided into three parts.The first part, the problem of the identification is reflected, such as the cognizance of the type of organization type and the number of people is fuzzy, illegal activities and the relationship of economic characteristics is poorly handled, many difficulties in illegal and criminal activities,difficulties in judging the illegal control and significant impact. The second part, this paper introduces the underworld organizations in the typical countries. Try to explore the standards of the identification of the overseas underworld organizations. In American-European countries tend to be identified by economic characteristics, however the Asian countries are focusing on the characteristics of illegal control. The third part, The author put forward to the standard of underworld organization: The area or industry illegal control functions include internal and external control, ten people and above is the standard of the number of underworld organizations,the property ought to be taken from the illegal and used in illegal, the behavior should be organized violence.In short, the characteristics of illegal control are essential, tight organization, the pursuit of economic illegal profits and violent organization are the forms of expression. They supplement each other and both of them are indispensable, joint together to cognizance the establishment of the crime of the underworld organization.