Judicial Determination Of The Illegal Control Characteristics Of Underworld Organizations

The year of 2019 is the second year of the special struggle against evil in China.In the past year,the achievements of various regions in China in the fight against evil have been remarkable,severely punish a large number of criminals of black and evil forces,and maintain normal social order.To create a good social environment.But at the same time,many problems have been exposed in practice.For example,judicial personnel have different understandings of relevant legal provisions in the process of handling cases,especially the understanding of the essential characteristics of illegal control,which makes the identification of triad-like organizations different,and it is impossible to accurately determine the judicial.If we can't accurately define the criminal crimes of the underworld,we can not only effectively combat the social evils of the evil forces,but also protect the legitimate rights and interests of the broad masses of the people,which is not conducive to China's special struggle against evil.Continue to advance,in the long run will have a huge impact on the long-term stability of the country and the credibility of the government.Based on the provisions of laws and relevant legislation and judicial interpretation,and based on the criminal trial reference cases of the Supreme People's Court,this paper uses methods of law interpretation and case analysis to deeply study the essential characteristics of the underworld organization and its judicial recognition,with a view to the current It is beneficial to sweep away the evil practices of the judiciary.This article is divided into three parts:The first part is the connotation of the illegal control of the underworld organization.The illegal control of the underworld organization is in opposition to the formal legal social control in the general sense,and is different from the illegal control in the general sense and has its own organizational characteristics.The second part is the overall framework analysis of the illegal control of the underworld organization.This part analyzes the characteristics from both inside and outside.The realization of illegal control depends on the cohesiveness within the organization itself and the integrated image of the outside world.Among them,the formation of internal cohesive force mainly depends on the leading role of the core figures(organizers,leaders),the coordination role of organizational structure,the control of organizational discipline and the role of the chain of interests.The external image is mainly related to the means,objects and extent of external control,which is reflected in the illegal use of violence,threats and other illegal means to achieve illegal control of certain regions or industries and undermine normal social order.The third part is the judicial determination of the illegal control characteristics of the underworld organization.This part mainly combines criminal reference cases to identify certain areas or industries,illegal control or significant influence,and the path of illegal control.First of all,the identification of a certain region or industry should focus on the relative and functional nature of the region and the breadth and diversity of the industry.Secondly,the identification of illegal control or major influence should be considered in combination with the specific conditions of the case in practice.Finally,the identification of the path of illegal control is mainly carried out in two ways: the implementation of illegal criminal activities and the search for umbrellas.