Research On Judicial Identification Of Members Of Underworld Organizations

Since the beginning of the "trial and criminal elimination" campaign in 2018,action to eliminate underworld-like organizations has been vigorous.The number of criminal cases concerning leadership,organization,and participation in underworld-like organizations has increased significantly compared with previous years.However,criminal cases of triad-type organizations are one of the more difficult and complicated cases in judicial practice.Although the three public prosecution agencies have jointly issued a variety of guidance on combating underworld forces,the description of their guidance is relatively vague.The standards of the three organs of law and law regarding the handling of criminal cases of organized crimes are not the same,and some concepts have not been accurately interpreted and distinguished.Although the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Crimes by Underworld Organizations as early as 2000,the four characteristics of underworld organizations have been specified,but the criteria for identifying members in the organization characteristics It was not until 2015 that the "Minutes of the Seminar on Trial of Criminal Cases of Underworld Organizations by Part of the National Courts" was fully explained.Among them,the backbone members are the backbone of the underworld organization,and have always been an important criterion for identifying the underworld organization framework and distinguishing other individual criminal and unorganized groups.However,in terms of justice,the identification and description of organizational characteristics have been clarified or changed several times from 2000 to 2018,and academics have also devoted themselves to macro research on organizational characteristics.In contrast,the identification of various members in underworld organizations not only leaves a relatively ambiguous identification standard in judicial documents,but academic research mostly stays at the conceptual level.For example,whether there is a sense of distinction betweenleaders and organizers,and whether there is a sense of distinction between backbone members and active participants.This makes it difficult to identify the standards of individual members in practice.By investigating the cases of underworld organizations with relatively complete personnel and clear organizational framework in 2018-2019.It can be found that according to the characteristics of the internal relations of members of underworld organizations,their operation modes can be divided into two types,and the identification of members of underworld organizations under two different modes is different.Under two different triad-type organizational models,the statistics of personnel in 68 triad-type cases with relatively complete personnel structures were conducted,and the participation rate,initiative rate,and organization rate were quantified to organizers,leaders,and active members.Participants and other participants are generally distinguished,and then they start with individual cases,and distinguish active participants from all members through different boundaries of members,and then through the boundaries between backbone members and general active participants,they can be separated from active members.Extracted from the participants.At this point,the identification criteria for key members are obtained by distinguishing each member class.It is hoped that it can help the current "anti-crime" campaign to be carried out in an orderly,powerful and effective manner.