Research On The Ringleader Of Organized Crime In Uderworld

The ringleaders,as a kind of criminals,are specifically stipulated by the criminal law because of their special status in the crime.The establishment of this criminal law system shows that the ringleaders have been attracted corresponding attention,in the meantime,it also provides a guiding program for the punishment of such offenders.However,due to the simplicity and abstraction of the law's expression,there exists disputes about the intrinsic characteristics,the determination criteria and the criminal liability of the ringleaders.Especially in the gangland crime,such offenders behave more complex.The problems about the punishment determination arise occasionally.As the leaders of the underworld organization,such offenders are the key to the gangland crime,and they are also the dominant players of the crime.Reasonable determination and punishment of the ringleaders are crucial for combating gangland crime.Therefore,it is essential to carry out specialized research on such offenders,and is of great significance to the development of legal theory and the reform of judicial practice.This dissertation starts from the basic concept of the ringleaders,and tries to demonstrate the connotation and the essential characteristics of their behavior.Then the ringleaders are put in the crime of the underworld organization,and the determination criteria and the penalties range and extent of such offenders are analyzed.The specific conclusions will be finally obtained.The main points of this dissertation are shown below.Subjective independence,objective dependency and real dominance are the essential characteristics of the ringleader's behavior.The highest position and the maximization of the role in the organization are the determination criteria of the ringleaders.Except for the involved,organized or leaded crime,the ringleaders need to bear criminal responsibilities for the gangland crime which occurs under the institutionalized and general organization and leadership.Punishments on the ringleaders should be strictly in accordance with the principle of suiting responsibility and punishment.It cannot claim the ringleaders to bear the heaviest penalties for every crime organized or involved,and the criminal responsibilities should be different according to the involved degree in specific gangland crimes.