Study On The Controversial Issues Of The Judicial Identification Of Underworld Organization

in January 2018,General Secretary Xi deployed a special campaign against evil forces,which bears on overall social stability and long-term national stability.So far,the campaign has made great progress.By November 2019,more than 2,400 organizations have been eliminated nationwide.But undeniably,there are still some problems in identification of underworld organizations in judicial practice.The judicial identification of underworld organizations is an important link to carry out the special struggle against black and evil,and is also an important premise to combat the crime of black and evil forces.This paper focuses on the judicial identification of underworld organizations and tries to analyze the identification standards and logical relations of the four characteristics of underworld organizations,hoping to provide some suggestions for the confusion or generalization of the judicial identification to some extent.In addition to the introduction and conclusion,this paper is divided into three parts:The first part is the outline of the underworld organization.It is the basis of judicial identification to make clear the concrete connotation of underworld organization.In this part,the relevant provisions of the local government,the ministry of public security,the legislative interpretation,the judicial interpretation and the amendment to criminal law(VIII)are sorted out,and the provisions of Japan,Germany and the United States and the United Nations on underworld organizations are briefly summarized.And the relationship between underworld organizations and several similar concepts is sorted out.Underworld organization and underworld society belong to two different crime forms of organized crime;The evil force and the evil force criminal organization have the possibility to develop into the underworld organization,but it does not have the illegal control characteristic;Black evil force includes the organization of underworld property already,also include the evil force that has constituted a crime and evil force crime organizations,its cover scope is bigger than underworld organization.The second part is the judicial identification criteria of the four characteristics of underworld organizations.This part mainly conducts a comparative study on the two forum minutes and the provisions of the guiding opinions,and then identifies the four features one by one.The establishment time of the organization shall be based on the time of the establishment ceremony.The lower limit of the number of members is generally 8.The organizer shall have internal control function and the leader shall haveexternal control function.The economic strength should at least be sufficient to support the activities of the organization.The sources of funds include legal income and illegal income.The purpose of the funds must be to support the development of the organization.Behavior should include at least one violent sexual activity,at least one crime;The area illegally controlled shall have externality and discipline,and the industry controlled may be legal or illegal.The third part is to grasp the nature of the organization characteristics of the underworld and the four characteristics of the logical relationship.This part summarizes and comments on the theoretical disputes about the essential characteristics,and holds that the illegal control characteristics should be regarded as the essential characteristics of gangland organizations because they can embody the essential attributes of such organizations and distinguish them from other organizations.In terms of the logical relationship of the four features,it is considered that one of them cannot be absent.Among them,organizational features,behavioral features and illegal control features are the main features and should be interpreted and applied strictly,while economic features are attached features and can be interpreted and applied loosely.