Research On The Characteristics Of Illegal Control In Underworld Organizations

The crimes of underworld organizations are criminal activities of awful nature,serious harm and extensive influence.Our legislative and judicial organs have always attached great importance to the crackdown on crimes of underworld organizations.Since the promulgation of the current criminal law in 1997,as legislative interpretations,judicial interpretations,meeting minutes,and other legislative and judicial activities have continued to study the identification of underworld organizations,"illegal control characteristics" has become a recognized underworld organization in theory and practice.Essential characteristics.And since the beginning of the special campaign of"anti-crime and anti-evil" in early 2018,many problems have also arisen in the identification of underworld-type organizations in practice.The characteristics of underworld-type organizations are ambiguous,the four characteristics lack internal logical connections,and judicial personnel the relevant regulations are inconsistent.Especially when faced with the distinction between evil forces and underworld-like organizations,because both are similar in terms of conceptual characteristics and factual appearance of specific cases,the judicial organs tend to under the criminal policy of severely cracking down on crimes involving underworld and evil.To expand the scope of identification of underworld organizations.If we cannot clarify the core connotation of the essential characteristics and accurately define the identification criteria,not only will there be "degradation" or "elevation" of the underworld organization,nor will we be able to protect the legitimate interests of the people and maintain the long-term security of the country.This article will combine typical judicial precedents,use case analysis,legal hermeneutics and other methods to deeply study the illegal control characteristics and judicial identification of underworld organizations,with a view to benefiting the in-depth advancement of the current anti-crime work.This article is divided into four parts:The first part is the meaning and manifestation of the characteristics of illegal control.This section summarizes the criminal law evolution of the characteristics of illegal control by underworld organizations.The understanding of "illegal control" in the criminal French context,semantic understanding,and the "objectification" of the enumeration should be consistent,that is,the perpetrator is weakening Under the intent,organized crimes have an impact on the thoughts and actions of certain objects,and the subjective purpose embodied in objective behaviors should also reach the severity of illegal control.While applying the quantitative standards of "illegal control" and the basic rules,the relationship between "illegal control" and "significant influence" in the French-speaking context should be taken into account,and the degree of the two should be distinguished on the basis of grasping the nature of "control".From the perspective of "illegal control" undermining the order of social and economic life,it can be divided into two types,namely,direct confrontation with public power and the explicit destruction of illegal order;and indirect confrontation with public power and the invisible destruction of illegal protection.The second part is the judicial identification of the characteristics of illegal control of underworld organizations.This part mainly identifies three aspects of "control range","control effect" and "implementation path" in combination with typical cases.First of all,in terms of the scope of control,the identification of a certain area should take into account both the temporal continuity and spatial relativity,and within the relative spatial scope,combine the duration of the "illegal control" of a triad organization and the social function of the area.Judge the severity of the damage.When deciding "a certain industry",in addition to considering whether the actor has formed an illegal monopoly in the industry,it should also pay attention to whether it has the purpose of"suppressing and mutilating the common people and dominating the party" to form a subjective and objective unity.Secondly,in terms of control effect,the relationship between illegal control and significant influence is controversial in the academic world.This article considers that "significant influence" is generated by relying on "illegal control".In fact,there is no actual control right,but for certain areas or the industry has a considerable degree of active interference,which can affect the decisions of others to a certain extent.For an underworld-like organization that forms "illegal control",it should achieve functional domination and intentional dominance over a specific area,and that domination can be countered by social management order.For an underworld-like organization that causes "significant influence",the judicial organs rely on When judging specific criminal acts that cause significant impact,the criminal acts can be classified into severe violence and general violence,and the means and frequency of committing the crime shall be considered at the same time.And the problems in the protection umbrella.When the supporting disciplinary inspection and supervision measures are being promoted simultaneously,it is recommended to set up a "special leniency clause" in Article 294 of the Criminal Law to solve the difficulty of finding and tracking down the "protection umbrella".The third part is the relationship between the characteristics of illegal control and other characteristics.First,the characteristics of illegal control and organizational characteristics are mutually restricted and supplemented.When identifying an underworld-like organization,the characteristics of illegal control restrict criminal organizations that meet the characteristics of the organization to prevent criminals of evil forces from being elevated.Secondly,the relationship between the characteristics of illegal control and economic characteristics,there is a direct interactive relationship between the two.Underworld organizations should reflect the elements of "illegal control" in terms of their existing economic strength,economic purpose,and whereabouts of economic benefits.At the same time,the formation of "illegal control"directly strengthens the organization's economic strength and expands its economic scale.Finally,in terms of the relationship between illegal control characteristics and behavior characteristics,soft violence has a closer relationship with "illegal control".By judging whether the actor is willing and able to resist the coercion brought by "soft violence",it is determined whether it conforms to the characteristics of illegal control of an underworld organization.The fourth part is to distinguish the crimes of underworld forces from the perspective of "illegal control"."Evil forces" are a necessary stage in the development of underworld-like organizations.They are often placed in the vague zone of "black"and "non-black" in judicial determination.They distinguish between evil by"controlling" whether they are antagonistic and stable Forces and underworld organizations;and retrospective review of the provisions of Article 294 of the Criminal Law to resolve the confusion between ordinary crimes and evil-force crimes.