Study On The Criteria For The Determination Of Statutory Characteristics Of Underworld Organizations

Both the underworld organization and the underworld organization have anti-social attributes,which are the same in nature.The underworld organization is a kind of appearance in the process of the development of the underworld organization.Both belong to the category of criminal groups.At present,China's law determines the organization of underworld based on its legal characteristics.Its legal characteristics include “economic characteristics”,“harmful characteristics”,“behavioral characteristics” and“organizational characteristics”.After analyzing the meaning and legal nature of the underworld organization,this paper clarifies that it belongs to the anti-social special criminal group that obtains illegal interests and achieves illegal control through illegal criminal acts,and belongs to the intermediate form of criminal groups.On the basis of clarifying its meaning and legal nature,it analyzes the four statutory characteristics of the underworld organization.Through the research,it is found that the four statutory characteristics of the underworld organization have different problems in the standardization level.If the organizational characteristics do not indicate the duration of the organization's existence,the "large number of people" standard is unknown,"the backbone members are basically fixed" and the objective facts in judicial practice are not consistent;in the economic characteristics,the organization's pursuit of goals is limited to economic interests is too absolute,"have The " black " and " white " of the source of certain economic strength are unclear;the characteristics of " doing evil,bullying,and damaging the masses " in the behavioral characteristics are strong;the harmful features will " use the cover or connivance of the state staff." " The error is expressed as the way to achieve the harmful characteristics,the meaning of "hegemonic party" is vague,and the "certain area" lacks the criteria for identification.Based on the analysis of the existing problems and the research on the typical cases of 23 criminal syndicates organized by the Chinese Judgment Paper from 2014 to 2018,the author puts forward the suggestions for the improvement of the new identification standards.Suggestions for improvement: The law is not the object of ridicule.It is clear that the law requires adherence to the law itself.For the defects of the law,it should first be explained in good faith according to contemporary values,giving meaning to the times,and it is impossible to reasonably explain the loopholes.Make a small change as much as possible.Based on the analysis of the existing problems and the research on the typical cases of 23 criminal syndicates organized by China Judgment Paper from 2014 to 2018,this paper puts forward the suggestions for the improvement of the new identification standards.Suggestions for improvement: The law is not the object of ridicule.It is clear that the law requires adherence to the law itself.For the defects of the law,it should first be explained in good faith according to contemporary values,giving meaning to the times,and it is impossible to reasonably explain the loopholes.Make a small change as much as possible.