On The Judicial Identification Standards For Organizations Of Gangdom Nature

For a long time,in judicial practice,the standards of judicial identification of gangdom organizations are different,which lead to deviation in the identification of gangdom organizations.In particular,the distinction between gangdom organization and evil forces is even more ambiguous,which is far from meeting the ever-growing demands of precise standardization of judicial practice.Against the backdrop of precise standardization of judicial practices,this paper attempts to find out the essential connotation of the characteristics of the gangdom organizations in China by comparing and drawing lessons from the advanced experience in the identification of organized crime in the relevant countries and regions outside China.And take this as the start point,this paper then puts forward the solution on how to deffrentiate the difference between the gangdom organization and the evil forces.This paper is intended to be written from the following four parts:The introduction,the first part of this paper,focus on the analysis and review of the existing theories of the gangdom organizations,This sets path for the following parts of this paper through identifying the gap between theoritical studies and judicial practices.The second part is the basic analysis of the standard of the judicial identification of the gangdom organization sunder the practice of China's criminal law.Through combing of the law,the judicial explanation and the local guidance document,the purpose of this paper is to accurately grasp the specific characteristics,the history and the essence of the organization of the gangdom organizations.This aims to lay the foundation for the standardization of judicial practices.The third part discusses the practice of other countries on this topic.Starting from exploring related law of other contries,the author sums up the judicial experience of other countries on gangdom organizations.Taking this as the starting point,the relevant experience in the identification of organized crime in other countries can be used for reference for the identification of the gangdom organizations in our country,so as to accurately identify and timely fight against the gangdom organizations.The fourth part is a specific analysis of the identification standard of gangdom nature organization in the practice of Chinese criminal law-the difference between gangdom nature organization and evil force.In fact,this part is divided into two parts.The first part focuses on the distinction between the two,which is often encountered in the current judicial practice in China.Thus the requirement for distinction is inevitable and accidental.It is necessary to derive the concept of evil power;and chance lies in that there is no concept of evil power in other countries.In other words,a small number of evil forces are brought into the category of organized crime outside China,and the emergence of the concept of evil forces in China is a stand-alone case.However,the more you look at it from the normative angle,the more difficult the problem begets.Through the judicial interpretation of evil forces,the author tries to find out its characteristics,determine its judicial determination standard,and distinguish the normative boundary between the two by looking forward to the judicial interpretation of the evil forces and the practice of each province(city)in order to find out its characteristics and determine its judicial cognizance standard.The last part mainly discusses the "precise standardization" and "case by case treatment,:two ways to deal with the crime of "evil force group".The idea of dividing and ruling evil force crime is not only in line with international common practice,but also in line with our judicial practical experience.It can also avoid the dilemma of having difficulty differentiating between evil forces and gangdom-like organizations.Therefore,this part is also highlighted as a creative invention of this paper.