Research On The Repeat Evaluation Of Organized Crime

As the world's recognized highest crime form, organized crime has been a serious threat to the democratic process of the world civilization,which is a serious social phenomenon of widespread international concern. It is also the object that each country aims to crack down on criminal law. China's "Criminal Law" provides a series of severe penalties for organized crime,which had a certain deterrent effect. But it also triggered a series of unjust punishment. The most typical performance is that many repeated evaluation exist in legislation and judiciary. This paper difines the connotation of the principle about the prohibition of repeated evaluation. Under the guidance of this,sorting out repeated evaluation of relevant legislation and judicial decisions on the presence of organized crime, analyzing the reasons for these problems, and proposing solutions.In addition to the introduction of the full text,it is divided into four parts:The first part summarizes repeated evaluation of organized crime. Firstly, based on the analysis of various theoretical perspectives on the concept of organized crime, according to China's "Criminal Law" stipulates that the organized crime is defined as the organized crime of criminal groups. And the characteristics of organized crime as well as the legislation in our evolution were briefly discussed; Secondly, based on the analysis of prohibition Repeatable evaluation principle and its status in criminal law, it defines the principle of the prohibition of repeated evaluation meaning; Finally, the author proposes the justice of criminal law, the economics of criminal law and the function of protection of human rights and other criminal law concepts called for a ban of repeat evaluation on organized crime.The second part, mainly in the guidance of the principle of prohibition of repeated evaluation and the theory of crime number, to sort out the problem of organized crime repeated evaluation existing in the present legislation and judicial system.This article trys to sort out from the two angles of the repeat evaluation in conviction and the repeat evaluation in sentencing. The conviction of repeat evaluation problem is mainly caused by the "combined punishment for several crimes" regulation, and the sentencing of repeat evaluation is mainly caused by the application of various complex codes which is about organised crime, this article divided it into the repeat evaluation of the organizer, leader status in organised crime, and the background of organised crime.The third part, deeply analyzing the repeated evaluation of organized crime. The paper claims that there are two reasons for duplication of evaluation. On the one hand, because our legislators and the judiciary have serious heavy-penalty tendency.Under the guidance of this concept, understanding and application of the criminal policy bias; On the other hand, the technical problems of legislation results in the relevant provisions of the organized crime duplication and conflict.The fourth part, we propose that the most fundamental thing to solve the problem of repeat evaluation is to abandon heavy-penalty tendency, correctly understand and apply criminal policy. Then under the guidance of the correct concept, modifing the relevant legislation,reasonablely regulating relevant justice. This paper first proposed to build the theory of Crimes number System. The scope of application of recidivism, particularly the scope of special recidivism should be restricted and narrowed. Then taking the organization crime of gangland nature for example, raising a series of legislative amendments, including the removal of combined punishment for several offenses provisions, modify the conditions to set up the organization crime of gangland nature and so on. Secondly, it proposes to reasonablely regulate judicial organized crime, mainly from two aspects:the prohibition against organized crime blindly strictly and severely and the prohibition against the organizer and leader of organized crime blindly strictly and severely.