The Study On The Repeated Evaluation Of Crimes Committed By Underworld Organizations

With the continuous development of society,China's economic strength continues to improve,in line with international standards,the degree of social openness is gradually increasing,by the erosion of foreign underworld crime culture and the incubation of domestic organized crime soil,the evil forces in China have shown signs of rising,and domestic underworld crimes are gradually increasing.Mafia-type organized crime has become the focus of severe punishment and crackdown in our country nowadays,but there is a problem of repeated evaluation in the process of conviction and sentencing of mafia-type organized crime in our country.Through the analysis of relevant judicial cases and criminal jurisprudence basis,this paper studies the causes of the problem of repeated evaluation,and puts forward specific suggestions for improvement at the end of the article.The first chapter focuses on three aspects: organized crime of underworld nature,the principle of prohibiting repeated evaluation,and the investigation and analysis of typical cases.Firstly,the first section clarifies the concept of organized crime of underworld nature,and analyses the types of organized crime according to the classification of broad sense and narrow sense.At the same time,from the legislative provisions,legislative interpretation and judicial interpretation of the three aspects of China's current legislation to sort out the status quo,for the later analysis of the underworld nature of the organization of repeated evaluation of the clarification of the normative basis.The second section analyses the connotation and legal basis of the principle of prohibiting repeated evaluation.Through discussing the relationship between the principle and the justice of law and the basic principles of criminal law,it concludes the rationality and necessity of the principle of prohibiting repeated evaluation,which provides theoretical support for demonstrating the problem of repeated evaluation of organized crime with the nature of underworld.The third section firstly makes statistics on typical cases in judicial practice,and draws a conclusion that there are duplicate evaluation problems in organized crime of underworld nature by means of data analysis,so as to lay the groundwork for in-depth analysis and solution in the later part.Chapter two is a review of the problem of repeated evaluation of organized crime of underworld nature.This paragraph is intended to be discussed from the perspectives of conviction and sentencing.The first section firstly analyses the repetitive evaluation in conviction,and then analyses whether there exists repetitive evaluation in concurrentpunishment of several crimes together with other crimes in the first three paragraphs of Article 294 of the Criminal Law.The second section discusses the duplicate evaluation in sentencing.It discusses the sentencing system and the circumstances of sentencing separately.It holds that there are duplicate evaluation problems in sentencing system,such as special recidivism,restriction of commutation and restriction of parole.The duplicate evaluation problems in sentencing circumstances mainly exist in judicial trials,organizing the background and group of the underworld nature.The identity of the organizer and leader shall be taken as a discretionary circumstance of heavier punishment.Section III is a reflection of the problem.From the perspective of the number of crimes,the author mainly discusses whether the crime of organized gangs with underworld nature is implicated or absorbed,and then analyses whether "other criminal acts" can cover such acts as provocation,blackmail and general intentional injury.The third chapter is about the correction of the problem of repeated evaluation of organized crime of underworld nature.The first section of this chapter is the correct understanding and application of criminal policy.It holds that the problem of duplicate evaluation of organized crime of underworld nature should be avoided in the following work due to the one-sided understanding and wrong application of criminal policy of tempering justice with mercy and severe punishment by legislative and judicial organs.The second section puts forward specific ways to solve the problem.This section tries to amend the criminal law provisions in the light of the above analysis.Firstly,it combs the foreign legislation,weighs the possibility of localization,and puts forward specific legislative suggestions,such as deleting the characteristics of underworld-like organizations,deleting the identity of "participants" in the special recidivist system,and prohibiting the criminal identity of underworld-like organizations as a crime.Solutions to the circumstances of severe punishment,etc.