The Judicial Confirmation Of Mafia-style Organization

Since the special campaign to fight against corruption in China in 2006,the momentum of the development of underworld organizations in China has been checked,but the situation is still grim.At present,the criminal syndicate in China is still in active period,curbing and cracking down on organized syndicates is still the judicial organ of our country The current and even a fairly long period of time the important task.At present,the main legal basis for the organization of criminal syndicates is the legislative interpretation which was absorbed by the Criminal Law Amendment(VIII)in 2011.However,the understanding of this interpretation is different from the academic circles of the criminal law and the judiciary.Some views are even beyond the legislative interpretation Of the intent,artificially increased the triad of the nature of the organization identified threshold.The organization of the underworld has experienced a period of time after being suppressed,have accumulated some anti-detection capabilities,they use the judiciary to explain the controversy of legislation,drilling legal loopholes,enhance their concealment and defense,gradually showing a " Backdoor whitening "," soft violence " and a series of new features.In this case,the original legal provisions,theoretical and practical point of view has been unable to fully and accurately guide the judicial practice,in the judicial organization of the triad nature of the judicial practice of different jurisdictions,the three public understanding is not consistent,triggering Difficulties in Judicial Practice.This article will proceed from the judicial practice,based on the legal and legislative interpretation of the provisions,combined with the judicial practice of the typical case of the triad nature of organizational characteristics,economic characteristics,behavior characteristics,illegal control characteristics of the judicial practice to explore the triad The nature of the organization identified standards,and then guide the practice,do not vain not vertical.