Theory Of Judicial Cognizance About Organizing?leading?and Taking Part In The Underworld Gangs

Underworld property organization crime is a kind of stakeholders, often a case involving more than a dozen people, in the event of discretion fault, the harm is extremely serious. Therefore, in this paper, as Hu Mou organizing,leading, and to participate in the underworld gangs, for example, in the case of disputes as the basis, makes every effort in the form of theory with practice, to find the law in the aspect of determination of underworld property organization crime the unreasonable place.The case of disputes with a total of three, The one is whether the organization has the characteristics of the underworld gangs and the economic features? The second is whether Hu Mou is the "leader" of the organization? The third is under the background of underworld gangs, whether the repeat evaluation is exist ?Through research, the author believes that the current theory about the underworld property organization's organization characteristic, economic characteristic even the organizer and the leader all have different views, and the judicial interpretation and various guidance document for these are unreasonable.The provisions of the characteristics of organization not comprehensive; The provisions of the economic characteristics of fuzziness and has a tendency to support the economy expanded, such as requires the economic power of underworld property organization does not need to achieve a specific size or a specific amount. The wealth grab by the underworld property organization usually regardless of "black" or "white" as "support activities organized crime";the organizer and leader of the underworld property organization do not has a clear demarcation line; in addition to some scholars believe that in the underworld gangs the repeat evaluation problems have been existing in.The existence of these problems is the case to form these issues which we should pay much attention to in the underworld property organization crime. By analyzing the case, the author thinks that the organization conform to the organization characteristics and economic characteristics, and Hu Mou is the leader of the underworld property organization, the last but not the least the people's court convict of the criminals of the case is very fair and. there is norepeat evaluation in the case.