The Empirical Study On The Characteristics Of "Illegal Control" Of Underworld Organizations

Due to the abstraction and type of the expression of the illegal control characteristics of the underworld organization,the fifth paragraph of Article 294 of the Criminal Law of our country leads to the difficulty of identifying illegal control in judicial practice.In this paper,the issue of the application of Article 294,paragraph 5,of the Criminal Law and the identification of the illegal control characteristics of the underworld organization in judicial practice,from 2014 to 2018,Yunnan Province made an empirical study on the jurisprudence documents in the Chinese Judgment Paper.·This paper finds that,first of all,the reasons for the identification of illegal control features in the judgment documents involved in the sample are not clear,not specific,and the terms are simple and rough,and the formatting is correct,which leads to the accuracy of the identification of underworld organizations.Secondly,because the status of the illegal control features is not clear,the analysis and definition of the important parts of the "certain industry" or "certain region" in the judgment of the judgment documents are unclear and unclear,leading to the identification of the underworld organization.The argument is too simple.The paper says that the theoretical proof is not specific and insufficient,and there are also dogmatic and rough questions about the application of the law.In view of the above problems,this paper combines the sample data with the normative legal documents on the organization of the underworld,which is of great guiding significance to judicial practice,and the characteristics of illegal control in Article 294,paragraph 5 of the Criminal Law.The law provides a specific explanation.At the same time,on the basis of empirical research,the specific content of the identification of illegal control features in the empirical research is collated and explained.Analyze the support factors,organizational structure factors,economic strength factors and behavioral factors that affect the realization of illegal control features.Finally,the analysis shows that there are problems in the sample because:First,the knowledge of the content and importance of illegal control features is not in place.As an essential feature of the organization of the underworld,the illegal control feature is the basis for accurately identifying the organization of the underworld in judicial practice,and is also the basis for the determination,punishment and sentencing of the defendants who organize,lead and participate in the crime of organized crime.Second,the imperfection of the criminal judgment document production mechanism.Due to the pressure of criminal cases,and the lack of a relatively complete,simplistic and diversified criminal judgment document making mechanism,the judge said in the judgment that the theoretical evidence directly applied the abstract,vague but simple paper template.Third,the lack of the basic concept of criminal law.Because the judge did not realize the importance of the principle of legality of a crime and the specific content and requirements of the principle of a legally prescribed punishment for a crime,he did not understand the way the people used to study criminal law and understand the criminal law.It is not clear what the purpose of the judgment document is to achieve criminal law crime prevention.Predict the protection of the possibility.In view of the above problems,we must strengthen the judge’s accurate grasp of the status,connotation and extension of the characteristics of the illegal control of the underworld organization,and at the same time strive to improve the mechanism for the production of criminal judgment documents.Finally,the judge should establish the concept of the principle of a legally prescribed punishment for crimes and clarify the principle of legality of a crime.The specific connotation and requirements,and the realization of the influence of the judgment documents on the possibility of national prediction,the most important thing is to strengthen the professional cultivation of the judges and improve the ability to say theoretical certificates and applicable laws in criminal judgment documents.The empirical research results of this paper are expected to be of reference to judicial practice on this issue,so as to thoroughly implement the principle of legality of the crime,fully protect the legitimate rights and interests of the accused,and realize the fundamental requirements of the rule of law society.