Study On The Criminal Liability Of The Principal Organ Of Crime Of Organized Crime

Gangland crimes have always been one of the crimes that China has focused on.In recent years,following the continuous improvement of legislation and the introduction of relevant judicial interpretations,China's criminal legislation related to black has made great progress,but it is The identification and commitment of criminal responsibility by the chief criminals is due to the complexity and types of criminal responsibility of the chief elements in practice,coupled with the lack of adequate research at the theoretical level,and the lack of uniform standards in the viewpoint of the theory.There is still a certain gap in the legislation.Insufficient and insufficiency has directly led to many problems in the judicial practice in identifying and punishing the crimes of the chief elements.In some major and difficult black-related cases,the judicial practice has a different understanding of the issue,so that the results of handling similar cases in judicial practice have encountered varying degrees of doubt,such as the extent of culpability of the chief criminals in the nature of organized crime.Certainty and inconsistency have caused some judgments to be subject to social controversy.In terms of the degree of sentencing,whether or not the chief criminals of the organization of crimes organized by the triad of society are to be sentenced more specifically to specific criminal offenders and to “strike hard” criminal policies and “reinforcement”.The problem of the abnormal sentencing resulting from the concept of "semiolism" has been controversial.Therefore,the paper randomly selected 180 criminal judgments about criminal syndicate organizations as the analysis samples from more than a dozen provinces with more frequent cases of triad societies.The nature of organizing and criminalizing the criminal responsibility issue of the chief elements of the proposal,hoping for the judicial department to adhere to the basic spirit of modern criminal law,accurately crack down on the nature of organized crime,to achieve social fairness and justice.The text is divided into four parts(except the introduction and the conclusion).The full text is more than 33,000 words.The first part is the summary of the criminal responsibility of the chief criminals of organized crime.From the identification of the chief elements of organized crimes by criminal syndicates,the attribution of criminal responsibility to the chief elementsof organized crime,the scope of criminal responsibility of the chief criminals of criminal organizations,and the level of criminal responsibility of the chief criminals of criminal organizations organized by criminals,I will briefly describe and illustrate the author's Positions and opinions.The second part is the analysis of the empirical situation of the criminal liability of the chief criminals of the criminal organization in China.Through empirical analysis,firstly through 180 judgments in more than a dozen provinces in China,the general overview of crimes committed by criminal syndicates was briefly described.Then statistical analysis was conducted on the criminal liability of the chief criminals of criminal organizations organized by the nature of the triad so as to address the complexity of cases in practice.Perform typed analysis.Judging from the empirical analysis,the chief elements involved in crimes related to crimes in judicial practice are not unified in the scope of their judgments,and have different judgments in the same case.Judicial practice has less of a role in distinguishing the role of the chief elements in joint crimes,and the chief elements will blindly It is more common to punish the principal offenders for heavier punishments.At the same time,it is still common for the chief elements to be severely punished in cases of lightening and lightening.The third part is the analysis of the causes of the criminal liability of the chief criminals of the underworld organization.The article points out that the reasons for the above problems are many: First,the scope of responsibility is not clear.They explain several opinions in the current academic field to illustrate that the theoretical standards of criminal groups' chief criminals are different.Second,there is not enough legislation.Improvement is mainly due to the lack of explicit legislation and rough legislation.Third,the impact of criminal policy,the misunderstanding of criminal policies such as “strike hard” in judicial practice and the influence of the traditional concept of “serious punishment” lead to the application of the principle of adaptation of crimes and criminal liabilities.Not the same.The fourth part is the proposal to solve the issue of the criminal responsibility of the chief criminals of organized crimes.The article proposes to clarify the scope of "all crimes committed by a group" in a criminal organization organized by criminal syndicate.At the same time,it must adhere to the principle of unification of subjectivity and objectiveness,accurately define the scope of criminal responsibility of the chief criminals of criminal organizations,and distinguish the situations inwhich the chief elements bear responsibility..Second,we must adhere to the basic spirit of modern criminal law,realize the recidivism of crimes and punishments,implement the criminal policy of combining leniency with strictness,and strictly limit the level of criminal responsibility of the chief criminals of organized crime organizations.