Research On Crime Of Covering Up And Conniving Gangland Organization

The paper is divided into three parts.The first part is to define the legislative provisions and concepts of this crime,mainly by distinguishing it from three similar concepts,and then introduce the legislation of this crime in China.The second part makes a concrete analysis of the constitutive elements of crime.From the perspective of object,there is a dispute between single object and complex object.The objective aspect of this crime will discuss the understanding and application of the act of concealment,the time of concealment,the meaning of "connivance",etc.In the aspect of the determination of the subject of this crime,the question mainly focuses on whether the subject must be a member of a non-underworld organization.From the subjective aspect of this crime,there are theoretical disputes and judicial difficulties about the cognition factor of "knowing clearly" and the subjective cognition error of the behavior object.The object of the actor's concealment and connivance is the "knowing" of the underworld organization,which can be really known or possibly known.To prove whether the actor is "well aware" of the target of this crime,it can be comprehensively considered from various facts such as the extent of the actor's understanding of the organization,the degree of close relationship between the actor and the members of the organization,and the number,nature and behavior of the illegal and criminal activities carried out by the organization.The third part is about the judicial determination of this crime.Second,discuss the boundary between this crime and the crime of dereliction of duty,and compare this crime with the crime of concealment.Thirdly,the problem of the number of crimes is discussed in this paper.If the state organ functionary commits this crime after accepting bribes,or if the state organ functionary not only carries out the act of this crime,but also organizes,leads and participates in the underworld organization,whether it is necessary to impose punishment for several crimes.Fourth,criminal special form of this crime,this crime is behavior,the key to distinguish the accomplished crime from the attempted crime is whether the actor has embarked on and completed a certain degree of concealment and connivance.Fifth,this paper discusses the range of sentencing in this crime,because this crime has only two range of sentencing,and the range is too large,in practice,it is easy to appear unbalanced sentencing.