New Characteristics Of The Underworld Organizations In Jingmen And Judicial Countermeasures

According to the provisions of Criminal Law,the composition and identification of underworld organizations must have four characteristics: organization,economy,behavior and harm.In judicial practice,most of the judicial personnel often determine whether a criminal gang constitutes a triad-like organization,whether it is a black bully or not.However,with the in-depth development of China's economy and society,the judiciary has been chasing down,many organizations of the underworld and their criminal behavior have changed,and many new situations and new ones that cannot be enumerated by existing laws and judicial interpretations have emerged.Features.Due to the generality and lag of the law,if the existing law is applied rigidly and empirically,it will inevitably lead to confusion and difficulty in identification,which is not conducive to combating and preventing organized crimes of the underworld(hereinafter referred to as "black crimes").The handling of black-related crimes cannot adapt to the new expectations of the society and the new expectations of the people.Therefore,it is very urgent and necessary to correctly examine the basic characteristics of the underworld organization,analyze its formation reasons,understand its laws of evolution,explore its prevention and control measures,and then actively curb its transformation to a higher level of crime.This article tries to organize,lead,participate in criminal activities of the underworld organization,and lead the criminals,and participate in the criminal activities of the triad-type organization,such as Guo Hua and other 29 people organized by the Jingmen Procuratorate in 2018.Leading and participating in the criminal crimes of the underworld organization,citing the specific problems in the practice of the special struggle of "swept the evils and removing evils",hopes to be problem-oriented,starting from the logical connection between the law of black crimes and the "four characteristics",summarizing the current judicial The standard of practice identification,to explore some problems encountered in defining new types of crimes involving black crimes,to study the countermeasures of the judicial organs,and to extract valuable identification rules for judicial practice.The text includes the following three chapters:Chapter 1 Introduces the basic case of 29 people including Guo Hua and other 29 organizations including the organization,leadership,participation in criminal activities of the underworld organization,Kong Lingjun and other 19 organizations,leaders,participation in criminal activities of the underworld organization,Liao Haibin and other 30 organizations,leaders,and participation in crimes organized by the underworld.Chapter 2 From the four aspects of organizational characteristics,economic characteristics,behavioral characteristics and harmful characteristics,it enumerates in detail the new characteristics that the underworld organization has consciously derived in the development process in recent years,and thus the judicial work belt.The difficulties that come,analyze the reasons behind these changes and the adverse judicial consequences.New difficulties in organizational characteristics include the use of corporate management to create collective decision-making illusions;avoiding clear-cut programs,and persuading people to be good;and "temporary employment" techniques to create loose architectural illusions.The new difficulties in economic characteristics include the fact that the key members are in charge of each other and weaken the organization's centralized management;the “mixed” income is inconvenient to calculate economic strength;the use is vague and it is impossible to determine whether to maintain organizational development.The difficulty in behavioral characteristics is soft violence.The new difficulty in the hazard characteristics is that some black-related organizations have the shadow of grassroots political power,how to recognize this shadow different from the umbrella.Chapter 3 In response to these new developments,the new difficulties in the judicial work,from three aspects demonstrated how the judiciary should respond effectively,to ensure that it is not inconsistency.