Research On The Review And Identification Of Corporate Underworld Organizations

The “corporatization” problem of underworld organizations has become increasingly prominent in China,but no separate evaluation is conducted in both legislation and judiciary.By starting from the generality and difficulty discovered in the process of handling relevant cases,the author of this thesis sorted out the crimes of underworld organizations judged at first instance from 2017 to 2019 in China Judgments Online,and clarified the proportion of enterprising underworld organizations in such criminal cases.In addition,calculation was conducted on the population judged in recent three years,amount of money involved in the cases,number of companies under control,company acquisition methods,and related industries and fields;it was summarized that enterprising underworld organizations had the following features: multiple members in a single organization,extensive industries and fields,large amount of money involved in the cases,strong control force,and diversified control modes.Hence,it is urgent to solve the problem.Meanwhile,the author put forward the overall solving ideas by combining numerous scholars' viewpoints,learning from overseas legislation and processing modes,making an in-depth analysis and discussion on the current situation,the cause of the difficulty and cognizance difficulties of enterprising underworld organizations,and clarifying the solutions of individual cases.In Part 1 of this thesis,a brief introduction is given to the case that a typical enterprising underworld organization is founded and grows gradually,drawing forth the necessity of discussion and the checkup and cognizance difficulties.In Part 2 of the thesis,specify the definition of enterprising underworld organization.“It refers to the underworld criminal organization which exists in the business form of company,partnership and individual proprietorship,which maintains production and operation with violence,threat or other illegal means,and which severely wrecks the economy and social order.” and mainly discusses the formation reasons and the way of corporatization,to search an entry point for better attacking such crimes.The reasons are mainly analyzed from four aspects including development demand of organizations,lack of market regulation,function of protective umbrella,and legal and prevention loopholes;the generation modes are divided into direct establishment,organizational establishment and back-door type.Part 3 of the thesis,discussion on the current situation and the cause of the difficulty.There are mainly the following reasons:the legal system is imperfect at present,under the cover of the company the organization more complicated and more difficult to distinguish from traditional underworld organizations,and easily confused with unit crime.Part 4 of the thesis narrates that it is often hard to distinguish the criminal subject of enterprising underworld organization crimes from company personnel in checkup and cognizance since there are not many legal provisions about individual cases and it's not easy to obtain evidences;the criminal suspect often evades on the excuse of company in the subject of crime;underworld assets are highly mixed up with corporate assets and personal assets,and the checkup basis about the return of underworld assets at the court is obscure;difficulties of different degrees exist in the identification of “protective umbrella” and lapping of legal provisions.The checkup difficulties are analyzed one by one,and the solutions of individual cases are put forward.Part 5 of the thesis puts forward the overall checkup ideas by combining the previous problems.In other words,we can examine by jumping out of the enterprise limitation under the situation of no legal or judicial explanation,and solve the problems of legal deficiency,legal loophole and law conflict in checkup and cognizance by learning from overseas legislation modes and creating new laws or improving old laws.Meanwhile,solutions are put forward for problems covering disposal of underworld assets and identification of protective umbrella.