| While the special rectification campaign of "anti-crime and anti-evil" has achieved remarkable results,it is necessary to adhere to the principle of adapting crimes and punishments under the premise of correctly grasping the criminal policy of leniency and strictness,and balance the relationship between anti-crime and anti-evil and human rights protection.According to the existing legal regulations and judicial interpretations,China’s definition of unit crime and underworld organization crime is fundamentally different.In judicial practice,the types of units involved in underworld organization crimes are the "active transformation of the unit","protecting the business with black" / "supporting the black with business" and "mixing the business with the black".However,according to the provisions of article 30 of the criminal law,it can be known that the legally established unit organization cannot be the subject of its criminal responsibility.For an organization identified as "triad nature",the identification of the chief element should consider the highest "leader" status and absolute right to speak in the organization from both the subjective and objective aspects.For the criminals who are identified as the ringleaders,the specific degree of criminal responsibility needs to accurately grasp the scope of "all crimes committed by underworld organizations" according to their subjective intent,and punish them in combination with their actual dominance in specific criminal activities.After the organization’s "triad nature" and membership have been defined,the triad-related property,including illegal gains,property for crime,contraband and other equivalent property,must be distinguished the scope of legal property from organizations,individual criminals and their families,and other third parties.The property penalty applicable to each criminal is matched with the principal penalty based on his status and role within the organization.For the property disposal of the black enterprises,it is necessary to consider the nature of the enterprise,capital exchanges and operating methods,and distinguish the illegal income from the legal business income of the enterprise. |
