Study On The Repeated Evaluation Of The Gangland Organization Crime

The gangland organization is a special criminal group organization between the general criminal group and the supreme criminal group organization.Based on the fact,there is no underworld organization in a substantial sense in our country,but a criminal group with the nature of gangland has emerged.In order to fight the group crime with the nature of gangland,our country has stipulated the gangland organization crime,which belongs to the initial stage of cracking down on the underworld crime with Chinese characteristics.All countries have provisions on organized crime and the underworld crime,as the gangland organization crime stipulated by our country does not belong to the underworld crime in the strict sense,with reference to the international regulations on the organized crime and the underworld crime,there will be a series of problems when we regulating the gangland organization crime,such as repeated evaluation.In addition,the strike-hard criminal policies of the gangland organization crime further aggravates the repeated evaluation.In our country,in the broad sense of organized crime,the problem of repeated evaluation is mainly embodied in the field of gangland organization crime.The research on the problem of the repeated evaluation of this kind of crime can not only make clear the specific standards of punishing the gangland organization crime,but also be of great significance to solve the problem of the repeated evaluation in the organized crime.On the basis of the serious social harmfulness of the gangland organization crime and the criminal policy of temper justice with mercy,it is necessary to punish the gangland organization crime severely.But it must be based on the basic principles of criminal law,such as the principle of legality,the principle of suiting punishment to crime,and the spirit of criminal law such as justice,modesty and humanity.Crack down to the gangland organization crime legitimately and avoid repeated evaluation.Since our country has not made explicit provision for the principle of prohibition of repeated evaluation,when studying the problem of prohibition of repeated evaluation in the crime of the gangland organization,the first step is to make clear the connotation of the principle of prohibition of repeated evaluation.That is,for the same facts or circumstances,it is prohibited to make two or more legal evaluations on the same attribute,the objects of which include the facts of the crime,the circumstances of sentencing,including the facts favorable to the defendant,and the facts unfavorable to the defendantOn the basis of the United Nations Convention Against Transnational Organized Crime,adopted in 2000 at the international level,each country has formulated legal provisions to fight organized crime that are appropriate to its national conditions.The countries organized crime legislation pattern is relatively perfect that have long struggled against organized crime,such as Italy,Russia and so on.Compared with our country,the legislative mode of organized crime in these countries is relatively perfect.the concept and punishment of organized crime is more specific and strict,and more operational.Compared with the international regulations on the organized crime,the problem of the repeated evaluation of the gangland organization crime in our country is mainly reflected in the provision of combined punishment for several crimes of paragraph 4 of article 294 in the criminal code,the provisions of heavier punishment for organizers and leaders,the provision of heavier punishment for the background circumstances of the gangland organization crime.The most controversial is the provision of combined punishment for several crimes of paragraph 4 of article 294 in the criminal code.The repeated evaluation of the crime of the gangland organization lies in the improper establishment of the provisions of the combined punishment for several crimes and the establishing conditions of the organization,call it material violation problems.For the organizers and leaders of the system of heavier punishment,special recidivism,restriction of commutation,restriction of parole and so on,it is only on the basis of repeated evaluation increasing the criminal punishment of offenders which aggravating the phenomenon of repeated evaluation.In fact,it does not touch the root of the repeated evaluation,which is called Non-material violation problemsThe fundamental reason of the repeated evaluation of the gangland organization crime is that the description of crime shapes is not clear enough in legislation.Due to the improper legislation and the one-sided understanding and application of the criminal policy based on the doctrine of severe punishment,the applicable standards in judicial practice are not the same,which makes the repeated evaluation of the gangland organization crime more complicated.When China punishes the gangland organization crime,it is necessary to reasonably grasp the criminal policy of temper justice with mercy,improve the establishing conditions of the gangland organization in legislation,cancel the provision of combined punishment for several crimes,and improve the relevant legislative system.In judicial practice,the principle of suiting punishment to crime shall be strictly implemented.Also,the standards of the establishing conditions of organization,the responsibility of all crimes of organizers and leaders shall be uniformly applied.