Research Of The Underworld Property Organization Illegal Control Characteristics

According to China's criminal law and relevant judicial interpretations and research circles,organizing,leading and participating in the crime syndicate(hereinafter referred to as the crime syndicate)has the following four characteristics:(1)the formation of relatively stable criminal organizations,the number is more,there is a clear organizer and leader,key members of the basic fixed;(2)access to the economic benefits of organized criminal activities or through other means,have a certain economic strength to support the activities of the organization;(3)to violence,threat or other means,repeatedly organized criminal activities,non evil,bullying and harming the masses;(4)through the implementation of the illegal and criminal activities,or the use of national staff harboring or conniving,dominate the party,in a certain area or industry,the formation of illegal control or Serious impact on the economic and social order.The question is,which of the above four characteristics,which is the decisive factor for the determination of the underworld organization? Or is it the essence of the crime of the underworld organization,the academic circles have not given sufficient attention and argument.This problem is crucial for the identification of the crime of the underworld organization.Therefore,there is a need for further research.In this paper,the author holds that the illegal control features are the essential characteristics of the crime of the underworld organization.Based on this understanding,this paper demonstrates the main reason why the illegal control characteristics as the underworld organization crime,and then examines the specific identification of the crime of the underworld organization crime.This paper is divided into three parts.The first part through the analysis of the theory of ‘illegal control' of the concept of the controversy of‘illegal control' concept and summarizes the definition,summarize the characteristics of‘illegal control',analyze ‘illegal control' in the crime of the underworld organization constitutes the status,clear on the basis of the relationship between ‘illegal control' the characteristics and the underworld organization of other three characteristics.The second part puts forward the criteria of the underworld organization ‘illegal control' according to the degree of judicial practice,analysis of the theory of ‘illegal control and dispute illegal control' and ‘significant influence',summed up the relationship between the degree ofcontrol standard and illegal ‘non control' and ‘significant impact' between.The third part analyzes the scope of the underworld organization illegal control problem,namely‘regional or industry',the academic and practical circles of ‘regional or industry'controversy,basic view that put forward the ‘regional or industry'.According to the fourth part of the trial in the judicial practice,puts forward a new type of crime of the underworld organization form,namely ‘company' Mafia,academic circles different views on ‘company' Mafia concept through combing,put forward ‘the company'underworld nature organization and the concept.A concept of interpretation,thus put forward the judicial practice of "company" Mafia "illegal control" defined.