Legislation Review Of Crimes Committed By Mafia-Style Organization Of China

The use of the term "Mafia-Style Organization" rather than "organized crime" in our criminal law to describe this crime is due to some historical reasons.Organized crime,as one of the "three major crime disasters in the world" declared by the United Nations General Assembly,is of great social harm and poses a serious threat and challenge to the state power,social stability,economic development,legal order and fundamental human right.It has aroused great concern from all regions of the world and even the United Nations and has been listed as a serious crime.Since the reform and opening up,with the rapid development of China's social economy,organized crime,which disappeared in the planned economy era,has begun to breed and spread,and gradually exists in the form of organized crime with the nature of underworld.Although the judicial organs continue to exert great pressure on organized crime of underworld nature,such crimes are still in an active stage in our country.The fundamental reason is that there are many deficiencies in the current legislation on organized crime of underworld nature,which affects the full play of the criminal legal function of preventing and punishing organized crime of underworld nature,and hinders the realization of the legal and social effects of anti-organized crime of underworld nature.By examining the current situation of Criminal Legislation of Underworld Organizations in China,there are five main problems in the underworld-like organizations in China: First,the current legislative system lags behind.As a result,laws and regulations are updated slowly and can not adapt to the changes of underworld organizations,such as "soft violence" and "evil forces" crime,which are emerging crime situations,can not be cracked down on according to existing laws.The judicial organs are in an awkward position to crack down on organized crime of underworld nature,which can only be attacked on the basis of judicial interpretation of this "informal regulation".Secondly,the standard of conviction is separated from the actual crime.The outstanding manifestation of this problem is that it can not meet the golden rule of fighting organized crime "fight as early as possible and fight as soon as it comes to the fore",especially to adopt objective criteria for economic characteristics and illegal control characteristics.Thirdly,there are some problems in the chapters and the establishment of charges.In terms of chapter setting,the crime of gangland-like organization infringes on multiple objects,including endangering national security.Therefore,it is unreasonable to classify this crime as the crime of disturbing public order.In terms of crime,China's criminal law only stipulates three kinds of organized crime with the nature of underworld,and there are obviously too few crimes.Fourthly,the scope of the subject of crime is narrow.The criminal subject of the underworld organization only stipulates that the natural person can be the subject of crime,but no unit can also be the subject of crime.It is not conducive to cracking down on its economic base and recovering illegal and criminal income.Fifthly,the allocation of criminal responsibility and penalty is not balanced.At the same time,there are deficiencies in commutation,parole,restriction of commutation,restriction of parole,and heavier,lighter and exemption from punishment.Subsequently,through the analysis of the experience of major foreign and overseas countries and regions in anti-organized crime legislation,such as the United States,Germany,Japan,Italy,Hong Kong,Macao and Taiwan,China,In view of the problems found in the relevant legislation of this kind of crime in our country,some suggestions are put forward to improve the organized crime of underworld nature in our country.Firstly,the feasibility of legislation on organized crime is discussed step by step from a long-term perspective,but in a short time,problems are amended by issuing amendments to the criminal law to improve the current legislative status of such crimes.Secondly,reduce the statutory specifications of the crime and adopt subjective rather than objective criteria in terms of economic characteristics and illegal control characteristics.Thirdly,in the chapter of crimes against national security,it stipulates that organized crimes of underworld nature should be committed,and the crime charges should be improved and the types of charges should be increased.Fourthly,the subject of unit crime should be included in the subject of this crime.Fifth,to improve the allocation of criminal law,including the establishment of qualification penalty,commutation of sentence,parole,restriction of commutation of sentence,restriction of parole and mitigation or exemption of punishment,"incentive system",in order to achieve the comprehensive prevention and control of organized crime of underworld nature to make legislative efforts.In our country,organized crime of underworld nature has more and more appeared new characteristics,new situation and new changes,and the current situation of criminal legislation has been difficult to adapt to the changing actual needs of judicial practice.We should examine all aspects of the existing legislation in accordance with the requirements of the struggle against gangland and the judicial reality of the country,and adjust the gangland-like organized criminals in China in terms of establishing special laws,perfecting statutory specifications,perfecting chapters,charges and subject settings,and perfecting criminal accountability,according to the new changes in the criminal situation and drawing on the advanced experience of other countries.Legislation of crime can effectively combat crime by legal norms.