Research On The Harmful Characteristic Of Organized Crime

As a kind of typical crime phenomenon,the organized crime is common worldwide.Many country named it organized crime,but in our country called the underworld property organization.Through continuous improvement,and explore the practice of legislation in our country,The punishment system gradually formed to article two hundred and ninety-four of criminal law as the main body,legal documents such as related judicial interpretation for the supplement of the organized crime.The criminal law article two hundred and ninety-four,in the form of characteristics listed the organized crime regulation,including four characteristics of concrete,Because the harmful characteristic reflects the nature of the organized crime groups to control the society and fight against the legal order,it is regarded as the essence characteristic of the organized crimeThe accurate application of the provisions cannot be separated from the understanding and interpretation of the contents of the provisions.In order to solve the judicial confusion,the meaning of the fuzzy words in the harmfulness feature is explained.In addition to physical attributes," area or industry" should also carry social functions."Illegal control" and "significant influence" as the specific manifestation of "harmful characteristics",on the basis of cases to focus on the analysis of their practice and form.In the process of analyzing the "harmful characteristics",it is gradually made clear that the organized crime form their own forces in an illegal way,and take this as the image of destroying the existing legal order by relying on the output rules.Taking the "harmfulness feature" as the core to identify the organized,it has the function of limiting the crime constitution.However,in the current provisions of "harmful characteristics",the terms "dominant region" and "a area or industry,the formation of illegal control or significant influence" are repeated.Words such as "dominant region" have strong emotional color and vague connotation,which is not conducive to the typology of constitutive elements.As a selective element of harmfulness,the "take under grafter's wing" is not enough to be emphasized,and so on.With this as the object of discussion,the author puts forward some Suggestions for legislative improvement to simplify the contents of provisions,improve the standardization and accuracy of wording,and have the necessity of "take under grafter's wing".In addition,in order to highlight the nature of underworld organizations,and further clarify the crime and non-crime,this crime and that crime,the purpose of the crime limit of the "harmful characteristics" of the crime is extended to the other three characteristics of the provisions,the other three characteristics of the provisions of the legislative improvement.In the provisions of organizational characteristics,combined with the requirements of harmful characteristics,it is not appropriate to set a fixed standard as the basis for judging organizational characteristics,but it is necessary to comprehensively judge whether the organizational scale,organizational structure and inter-organizational coercive force are enough to support the realization of harmful characteristics.In the provisions of the economic characteristics,combined with the feature of harmfulness,profit will be simple to implement illegal and criminal activities support tissue activity situation of exclusion,and connecting with the organization to the legal and economic order of ability,don't think with the companies,enterprises and other large economic entities of the organization do not exist serious damage the ability of economic order,and to exclude the outside that range.In the regulation of behavior characteristics,the degree of organized violence and violence of the organization are taken as the criteria according to the requirement of harmfulness.For the low degree of organization,the low degree of violence should not be identified as consistent with the behavior characteristics.