Analysis Of The Definition And Application Of "protective Umbrella"

"Using umbrellas and breaking the net" is a very important part of the special operation of "suppressing evil and eliminating evil".The objective reality demand has spawned the author's research on the "protection umbrella" of the underworld organization.At the beginning of the birth of crimes of criminal syndicated organizations in 1997,the academic circles focused on the characteristics of the "protection umbrella" that affected the establishment of criminal syndicated organizations.Although the discussion of this issue has cooled down,under the current criminal policy,the research on the characteristics of "protection umbrella" still has practical significance.In addition,according to the criminal policy promulgated in 2019,the crimes of seven types of public officials involved in crimes involving crimes involving evil,evil,and law are worth discussing in depth.Therefore,the core of this article is the standardization of the "protection umbrella" feature and the problem of the number of crimes that cover up and connivance of criminal syndicates and related crimes.This article mainly includes five parts:The first part discusses the concept of "protection umbrella".Through the analysis of the broad and narrow concept of "protection umbrella" and the analysis of the concept of "yong umbrella",the concept of "protection umbrella" in this paper is limited to the national staff to cover up and connivance of organized crime of the nature of the underworld,and put forward that the research of "protection umbrella" has practical needs.The second part empirically investigates the current situation of "protection umbrella".Statistics show that the number of "protection umbrella" cases has surged and is quite different from the number of criminal cases of criminal syndicates.At the same time,there is a clear tendency for cases to be severely punished.It follows from this that the fight against organized crimes of the underworld nature is not strongly related to the fight against the "protection umbrella" and there is a problem of raising the criminal identification.Therefore,it is proposed to explore the rationality of "selection theory" and the relationship between "parachute" and the fight against organized crime of triad nature by studying the characteristics of "protection umbrella".In order to avoid the expansion of criminal justice,the number of crimes of "protection umbrella" is discussed.The third part studies the characteristics of "protection umbrella".First,the legislative evolution and controversial background of the "protection umbrella" feature are introduced.Then through the detailed introduction of "mandatory theory" and "selection theory",it is concluded that the "protection umbrella" feature is still reasonable as a selective feature.It also refutes the point of view of "must say" and gives its own point of view: on the one hand,the key to the establishment of a triad organization is to comprehensively determine whether the "illegal control" feature is formed,rather than the "protective umbrella" feature;second,the triad Nature organizations do not necessarily have "protective umbrellas",and the formation stage of "protection umbrellas" is not necessarily the same as the establishment time of triad nature organizations,so the "protection umbrella" feature can only become one of the probabilistic characteristics,through the concept of triad nature organizations and triad organizations It can be concluded from comparison that the "protection umbrella" is the most prominent feature of triad organizations,rather than an essential feature of triad organizations;the third aspect,through the study of the logical errors of the third viewpoint,it is precisely defined that triad organizations are an anti-triad organization and The premise of "Umbrella".After studying the relationship between "Umbrella" and the fight against triad organizations,it is concluded that the establishment of triad organizations is the prerequisite for "Umbrella" and combating crimes of triad organizations.The threshold of "Umbrella" and the fight against organized crime of the underworld nature should be parallel.The fourth part is to discuss the identification of crimes of triad organizations and related crimes.Before conducting a specific crime count study,the relationship between criminal policy and criminal law is first explored.It is concluded that formal rule of law and substantive policy should be combined and the implementation of criminal policy should be based on the principle of "legal crime and punishment".Afterwards,he concluded that when studying the controversy of the two major types of crimes: when covering up,conniving at triad organizations,and embezzling and accepting bribes,the two crimes are not implicated,and there are no special regulations formulated by the law.The organization of cover-up and connivance of triad nature has also committed the crime of malfeasance.Since the two crimes are in a cooperative relationship between laws and regulations and there is no general special distinction,the crime of malfeasance cannot evaluate the facts of connivance,so the alternative crime is considered as cover-up and connivance of the triad Organized crime.