Practice And Legal Strategies Of Combating Gangland Crime In China Since The Reform And Opening-up

Different from gangland organized crime and general organized crime,gangland crime,as one of the three major criminal disasters in the world,has brought extremely bad influence on every aspect of social life with its great social harmfulness and anti-sociality nature.On the one hand,it not only seriously threatens the stable operation of our economy and the harmonious stability of social order,but also seriously violates the interests of the state,the collectives and the citizens;on the other hand,it also forms a huge resistance to the comprehensive completion of China's socialist modernization and the smooth realization of the Chinese dream-the great rejuvenation of the Chinese nation.Since the reform and opening-up,China has been committed to cracking down on gangland crime.Since 1983,China has carried out three times of large-scale activities of "Taking severe measures against grave illegal and criminal activities",and one time of special activity nationwide focusing on “Cracking Down on Gangland Crime”(Hereinafter referred to as "Gang Crackdown").At the beginning of 2018,the CPC Central Committee and the State Council,with Comrade Xi Jinping as the core,once again made a major decision to launch a nationwide special activity of "Fighting Against Crime and Illegal Behavior"(hereinafter referred to as "Crime Fighting").Under the guidance of the publicity departments,political and legal organizations,and news media at all levels,the practice of fighting again gangland crime received the widespread concern of the society again.Since the "Crime Fighting" activity has been carried out in full swing,the prominent phenomenon of illegal crime committed by evil forces has been effectively contained,and a strong atmosphere has been formed in the whole society to fight against the evil forces.China has obtained remarkable results in the practice of gangland crime crackdown since the reform and opening-up.The implementation of all previous "Gang Crackdown" criminal policy can greatly restrain gangland crime,maintain the social order and improve people's sense of security in a certain period of time.However,gangland crime is like a “Cancer” that can't be cured.As the high-pressure situation of various special crackdown activities gradually weakens,these criminals involved in evil forces,driven by the desire to gain economic benefits,will seize the opportunity of "Resurgence" again,gradually break through the traditional mode of crime,and start to develop in a more professional,hidden and complicated direction,showing a trend of infiltration into the political field.The provisions of criminal substantive law of our country on the gangland crime has been behind the rule and speed of development and evolution of the gangland crime and the subject of crime.In the face of the new development trend of gangland crime,there is a legislative gap in relevant criminal substantive law that can't fully meet the needs of our country to fight again gangland crime in a timely and effective manner,leading to an increasingly severe public security situation.The criminal policy in the previous activities that fighting against gangland crime is led by the government when the situation became serious and relies on the governance of the policy to regularly take severe measures against grave illegal and criminal activities related to evil forces.However,in this case,implementation of “Gang Crackdown” criminal policy can only have the temporary effect on gangland crime,and can't fundamentally contain the production,development and spread of gangland crime.The study on the legal policy of fighting against gangland crime in China not only need to be based on Criminal Law,Criminal Procedural Law,Constitution and other legal texts,but also need to pay attention to the practice of cracking down on gangland crime since the reform and opening up in China to find the existing problems.In the process of analyzing and collecting some criminal policies about "Gang Crackdown",the author found that the problems are relatively concentrated and prominent in the following aspects: In the practice of "Gang Crackdown" activities,the public security and judicial organizations violated the provisions of the law,broke the bottom line of the rule of law,blindly pursued the realization of the value of order,and emphasized cracking down on crimes involving evil forces while ignoring the protection of the basic human rights of suspects and defendants;in the concept and method of "Gang Crackdown",they also emphasized "Crackdown" while ignoring to control and prevention the gangland crime from the beginning.In order to better construct the long-term mechanism of cracking down gangland crime and dealing with the challenge of taking both temporary and permanent solutions for gangland crime in China,it is necessary to follow the idea of combining "Temporary Solutions" with "Permanent Solutions" based on the perspective of governing according to law.Specifically,on the basis of accurately grasping the boundary and relationship between the law and the criminal policy about "Gang Crackdown",the "Temporary Solutions" of cracking down gangland crime should be full played and balance the value of order and the value of human rights protection in the track of the rule of law;the key of "Permanent Solutions" is to put forward a proposal to control and manage the gangland crime from bottom to top,squeeze the space for the survival and development of evil forces from the very beginning,and eliminate the growing ground of evil forces.