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Judicial Determination Of Underworld Organized Crime From The Perspective Of Criminal Policy

Posted on:2021-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiFull Text:PDF
GTID:2506306248467224Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the continuous improvement of organizational degree in modern society,the expansion trend of group crimes and organizational crimes is becoming increasingly apparent.As a typical representative of organized crime,underworld organized crime has become the focus point of attention in the fight against criminal crimes in recent years.Because of its high social harmfulness,all countries in the world have adopted a severe crackdown on it.It is also one of the key crimes severely punished in our country.It can be seen from the development of the current special campaign of "Crime Crackdown" to punish the underworld organized crime’s determination.However,in recent years,with the social transformation brings contradiction and economic interests,the behavior of underworld organized crime has become more hidden and intelligent,showing a trend of penetrating into economic and political fields,this trend has brought many difficulties to the rule of criminal law.In response to the serious situation of underworld organized crime,our country has implemented a high-pressure criminal policy of "Severe Punishment" in the judicial practice,and carried out many "Crime Crackdown" struggles nationwide based on this criminal policy.It played a role in curbing underworld organized crime.However,judging from the evolutionary trends before and after the special struggle,criminal policies that overemphasize "Severe Punishment" cannot prevent and control crimes at the source,and the phenomenon of periodic rebound still exists.The criminal policy of "Temper Justice with Mercy" was developed from the perspective of eradicating hidden and intelligent underworld organized crime,developing the spirit of combining punishment and leniency,and making a change to the one-sided,rigid criminal policy of "Severe Punishment" in the current judicial practice.In the research,this article focuses on the relevant laws and normative documents applicable to underworld organized crime in the practice of judicial determination.Starting from the key issue of underworld organized crime’s feature identification,combined with the new characteristics in the current year,the judicial determination of underworld organized crime in our country should be considered rationally.According to the conclusion,there are problems such as lacking in the criminal charges,legal entity is not responsible,the crime sentencing situation has not been fully implemented,the repeated evaluation of crimes,and weak witness protection.In view of the above issues,from the perspective of facilitating justice,absorbing excellent research results and experience,it should take refine the charge settings of underworld organized crime,clarify the main responsibility of legal entity,implement and improve the sentencing circumstances in criminal legislation and justice,and form a scientific crime evaluation system that is conducive to the operation of judicial actions,and establish perfect witness protection system.
Keywords/Search Tags:Underworld organized crime, Temper Justice with Mercy, Judicial determination
PDF Full Text Request
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