Study On The Judicial Determination Of Crime Of Concealing And Conniving Triad

Organized crime of underworld nature has a serious threat to social stability and the country's long-term peace and stability.The reason why it is difficult to sweep away gangland organized crimes is that some local government officials wantonly shelter and connive.Organized crime of underworld nature thrives under the "care" of some local officials,wreak havoc on the country and the people,and eventually cause irreparable losses.Therefore,this kind of behavior should be seriously dealt with according to the provisions of the "criminal law" of our country to cover up and connive the organized crime of the nature of the underworld,investigate the criminal responsibility of the relevant personnel,in order to maintain the incorruptibility of the power of the post and the social order that has been destroyed.However,in judicial practice,the judgment of this crime should be considered from the perspective of criminal act,subjective purpose,crime and non-crime,and the boundary between this crime and that crime.According to the special provisions of the criminal law of our country,the constitutive requirements of "covering up and conniving the crime of underworld organization" are stipulated.However,according to the current situation of judicial practice,there are still disputes over the identification of the criminal subject and behavior pattern of this crime.How to solve the identification of this crime in specific practice has become the key to the solution,which also helps to improve the accuracy of sentencing,protect people's lives and property,and severely combat the evil forces.In order to solve a series of problems in judicial practice,the author intends to start with the scholars' research theory of this crime and the relevant cases that have happened,and combine the theory of criminal law and judicial practice to make an in-depth analysis of this problem,in order to put forward Suggestions to solve this problem.Firstly,it analyzes the concept and characteristics of this crime,and makes it clear that the object of this crime is against the underworld organizations,while the protection of other crimes or gangs does not constitute this crime.Then,the author analyzes the object of concealment and behavior,clarifies the legal relationship between concealment and connivance,strictly follows the basic principles of criminal law,cannot arbitrarily expand the scope of the crime,and strictly holds the application of the crime from the perspective of subject,that is,only the qualified subject can be constituted,that is,the state organ.From the point of view of the original legislative purpose,the current judicial status quo of the application of this charge has certain deviation.In judicial practice,there exists the problem of subject qualification for the determination of this crime,that is,if the state personnel are the only subject,there will be a certain range of "grey area" laws can not be regulated,which may play a disguised role of indulgence for some criminal ACTS.In cases,it often occurs that state personnel are also members of organizations involved in criminal activities,which should not be generalized,but should be specifically identified in the case of their criminal ACTS and the role played by their positions.Then,from the subjective aspect of crime constitution condition analysis,this crime criminal subjective forms exist only on purpose,but for the criminal facts whether to reach the standard of "knowing",is a problem worthy to be discussed,comprehensive present judicial practice,the writer think are difficult to set up a specific standard,but the standard for this crime in the crime and the crime has a decisive role,is one of the important problems need to be solved.The author speculates whether we can learn from the "presumption" of the subjective form of some crimes in our country,that is,whether we are "knowing" according to the criminal behavior.Finally,starting from the boundary between this crime and other crimes,the author clarifies the scope between this crime and other crimes to solve the problem of unclear identification.