Research On The Judicial Cognizance Of The Underworld Property Organization

At present,our country is launching a special struggle against the crime of "combating the underworld".The underworld-like organizations,as the key targets of the attack,once again come into peopleundefineds vision through the platform of the government.The underworld-like organizations are the "malignant tumor" in the society,which has been endangering the normal order of the society,the economic order,the life and safety of the people.It is a "underworld" and how to identify it in judicature is a controversial topic in todayundefineds legal circles and judicial circles."underworld" originates from "society",which is an abstract concept of the relationship between people in communication,production,education,entertainment,politics and other activities.Intentionally,the term "underworld" denotes the dark,unconventional social relations that exist in society.The underworld-like organizations usually commit various criminal activities by means of intentional homicide,kidnapping,opening casinos,drug trafficking,arms smuggling,etc.,and control the State functionaries by means of threats and takeovers.Mafia is usually defined as an organized criminal group in the world,and it is also quoted in the provisions of the criminal law of our country on the organization of Mafia nature.The concept of organized crime,combined with the actual situation of our country,embodies its characteristics in its concept,that is,organized criminal groups,under the leadership of the organizers of the groups,organized by means of violence,threats and other illegal and criminal activities,in a certain area,hegemony,oppression and murder.The masses,the criminal organizations that seriously destroy the social economy and order of life,whose legal characteristics are embodied in the organizational characteristics,economic characteristics,behavioral characteristics and illegal control characteristics,and when all the characteristics are available at the same time,the criminal organizations can be identified as underworld-like organizations.Illegal control is the most essential characteristic which distinguishes the underworld-like organizations from other criminal groups.It is of great significance to clarify the characteristics of the illegal control of the underworld-like organizations for the judicial characterization of criminal organizations and the implementation of the principle of legality of punishment for crimes.Unlawful control or significant influence is formed within a certain area or within a certain industry by means of illegal and criminal activities carried out or by means of the shelter and connivance of state functionaries,which seriously damages the economic and living order.Mafia-like organizations usually have "umbrellas" to protect their criminal activities.The umbrella can not be used as a necessary condition for judging an organization to be an underworld-like organization.The umbrella is only a means for the underworld-like organization to commit crimes and organize its development.Social and economic situation in China.