A Study On The Crime Of Underage-related Organizations Under The Background Of "Eliminating Mafia And Eliminating Evil"

In recent years,organized crime of underworld nature has developed towards the trend of tighter organizational structure,stricter organizational discipline,stricter hierarchy,more diversified means and cruelty.What is more serious is that it extends its magic claws to minors,and the phenomenon of younger and younger members of the organization appears.Compared with the ordinary organized crime of underworld nature,the organized crime of minor involvement in underworld nature has certain unique characteristics.These characteristics are mainly manifested in the following aspects: first,the majority of the subjects are minors and the younger age is obvious.Second,the purpose is mostly to find a sense of belonging.Third,there is no umbrella.Fourth,the scope of activities is relatively narrow,generally schools,Internet cafes and other places where minors often haunt and gather.Fifth,organizations usually exist in a relatively single form,such as gangs and associations.The present situation of juvenile gangster-related crimes in China is mainly manifested in the following aspects: First,the number and scale of juvenile gangster-related crimes are increasing.With the continuous progress of reform and opening up,the number of juveniles participating in gangster-related organizations is increasing continuously under the influence of foreign bad culture and ideology.Second,the younger age is serious,and the "post-00s" and "post-10s" in the cases of underworld-like organizations are not uncommon.The third is the diversification of forms and the emergence of network gangs.Fourth,means are more cruel,violent and bloody.There are two reasons for minors' involvement in organized crime of underworld nature,on the one hand,internal factors.Such as lack of parental care,emotional impulsiveness,advocating knowledge uselessness,etc.On the other hand,external factors.First,the external environment is harsh,schools,communities and other places surrounded by unemployed vagrants,gangsters.Second,the lack of correct guidance education,teachers and parents do not attach importance to ideological education,lack of correct values education.Third,there is a flood of bad culture,such as gangster ideologyThe main development trends of juvenile gangster-related crimes are as follows: First,the number and scale of juvenile gangster-related crimes will be further expanded.Second,big cities may become major crime areas.Thirdly,members of criminal organizations are developing towards students in primary and secondary schools.Fourth,it has caused incalculable consequences for economic development and social progress.Under the background of "eradicating gangsters and eliminating evils",the legal dilemma faced by juveniles in dealing with gangster-related crimes mainly includes the determination of guilt and non-guilt,the grasp of the severity of sentencing and the imperfection of laws and regulations.Aiming at the predicament of juvenile gangster-related crimes,we should formulate special juvenile criminal law and reduce the age of non-criminal responsibility.By analyzing the development background and current situation of prevention and treatment of juvenile gangster-related crimes in Japan and other countries,and combining with national conditions,this paper further explores the legal way to solve juvenile gangster-related crimes.