Research On The Legal Problems Of The Members Of Underworld Organizations

To define the members of underworld organizations is not only a judicial practice but also a practical problem.According to the relevant provisions of the criminal law of our country,the criminal members who organize,lead and take part in the crime of underworld organization can be divided into four categories:organization,leader,active participant,other participant and backbone member.In judicial practice,the determination of the members of underworld organizations is mainly based on the principle of subjective and objective consistency of criminal law.Subjectively,it emphasizes the behavior of "organization,leadership and participation" objectively on whether the organizations involved in the crime are well aware of the factors of cognition and will.In order to avoid the fight against the expansion,lead to the innocent personnel is "smear",the need to not identify the triad nature of the organization members of the situation to analyze.The subjective side of the understanding factor or will factor or the objective side does not meet the standards,should not be identified as a triad organization members.The combination of subjective responsibility and individual responsibility should be insisted in the conviction and punishment of organization members,and the specific scope and degree of criminal responsibility should be made clear.The responsibility of the members of the organization for the specific crimes within the organization should be equal to their status in the specific crimes.In dealing with the crime,we should adhere to the criminal policy of combining leniency with severity.Therefore,this paper mainly from the triad nature of the organization members of the classification,identification standards,criminal responsibility and the relevant issues affecting the organization members identification,in order to explore the identification standards of the members of the organization involved in crime,and then guide the practice,to achieve the members of the organization involved in crime when the punishment of their crime,to do the crime of punishment.