The Harmful Characteristics Of Underworld Organizations

The underworld crime has a long history,and it has suffered and been treated for a long time.New China's underworld crime appeared relatively late,but the development momentum is rapid.In 2002 and 2006,under the deployment of the central government,two special struggles against underworld and evil were carried out nationwide.In June 2009,Chongqing set off a new round of "storm against underworld".Although several actions have achieved remarkable results,the underworld organizations are like wildfires.After a hard fight,the spring breeze blows again.In 2018,the Party Central Committee and the State Council made a firm determination to launch a comprehensive special campaign against crime in the area of crime.However,in history,every severe strike has been accompanied by the radical phenomenon of artificially raising and expanding the scope of attack,which leads to the problems of excessive and insufficient treatment.At present,the special fight against crime and crime has entered a critical period,and two issues need to be paid attention to: first,to avoid overcorrection and artificial promotion,to insist on speaking with facts,to insist on the legality of crime and punishment,and to achieve accurate conviction;second,to avoid the boiling out of soup,to achieve the normalization and long-term effectiveness of crime and crime eradication,we must take the rule of law as the basis,and the realization of the rule of law against crime and crime is inseparable from the relevant laws The article carries on the careful explanation and the comb,the underworld nature organization's affirmation depends on the criminal substantive law's concrete stipulation.Among the four characteristics of underworld organizations stipulated in Article 294 of the criminal law,the harmful characteristic is the core of identifying underworld organizations,the symbol of underworld organizations,and the key to distinguish it from other concepts of criminal groups.It is very important to define the characteristics of harmfulness strictly,cautiously and accurately for the fair identification of the organizations involved in the crime and the long-term fight against the crime.Different countries have different definitions of underworld organizations and different regulations on the characteristics of harm.We hope that after comparing the characteristics of harm in different countries and different periods,it will be helpful for the identification of local underworld organizations in China.With the improvement of the legal system and the development of the underworld organizations,China's understanding of the characteristics of harmfulness has been deepened.Gradually,the characteristics of harmfulness are divided into four elements: behavior,scope,degree and consequence: behavior is the means to form the characteristics of harmfulness,including the implementation of violent criminal activities and the use of protective umbrella;scope refers to the characteristics of harmfulness A certain region or industry,including the illegal industry;the degree element refers to the formation of illegal control or significant influence,which is the core of the hazardous characteristics;the consequence element is also the consequence of the crime involving in the underworld,which requires serious damage to the social order,reflecting the legal interests of the crime involving in the underworld.The underworld organizations,heresy organizations and terrorist organizations are the same influential organized crime.They are indistinct with the evil groups.The characteristics of harmfulness play a unique role in distinguishing them.Judicial interpretation has repeatedly stressed that the identification of the gang involved organizations should pay attention to the logical relationship between the four features,and the harmful features are closely related to the other three,so a certain feature should not be considered in isolation.This paper combs the legislative process of the characteristics of harmfulness,analyzes the connotation and function of the characteristics of harmfulness from the internal and external dimensions,advocates to define the characteristics of harmfulness in a prudent manner,and hopes to be strictly involved in the crime,to achieve the normalization and long-term effect of the crime eradication.