Research On Judicial Determination Of Organized Crime

Since the Central Committee of the Communist Party of China launched anti-crime struggle,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,and the Ministry of Justice have jointly issued a series of guidance opinions.They pointed out a new direction for the judicial determination of crimes committed by criminals.The surge in the number of criminal cases poses new challenges to the quality of case handling.To implement the principle of "seeking truth from facts,eliminating evil from the black,eliminating evil from the black,and controlling chaos without evil," and to ensure that the individual struggle runs on the track of the rule of law,it is particularly important to make objective and accurate judicial determinations of criminal cases of criminal evil.The personal struggle has also aroused the attention of the domestic academic community on the judicial identification of criminal underworld forces.Many scholars have contributed to their theoretical research results.Among them,Professor Chen Xingliang,Professor Zhou Guangquan,and Professor Liu Renwen have published related articles in academic journals and expounded the viewpoint of judicial determination from different angles.Extraterrestrial research does not have the concept of "criminal crimes,"but is more similar to the basic idea of "organized crime." In contrast,the international definition of organized crime is more focused on the implementation of common crimes,and less political and anti-social,while underworld crimes additionally display illegal control or influence on a particular area.Specific Chinese characteristics,so the research on the theory of organized crime outside the territory has only partial reference value.This paper mainly uses the literature analysis method and case analysis method to conduct research.On the one hand,it integrates the cutting-edge views put forward by the current academic community,draws on the strengths of various theories,comprehensively analyzes the current status of domestic research,and draws on the opinions and arguments of its predecessors.Starting from the criminal case of the evil forces in City D,combining theory with practice,analyzing the current status of judicial determination,revealing severe problems,and trying to provide solutions.The first case was the case of Ding Mouli and others who organized,led,and participated in a triad organization.This organization has been entrenched in a town in the northern part of City D for nearly 30 years.The second case is the case of the criminal group of evil forces led by Ding Mouchen.This organization is rooted in a university in City D.It is a "bullying" evil force that bullies the City,buys and sells,and monopolizes the commercial activities in the school.Judicial identification of criminal organizations involving "black criminals and evil criminals" revolves around four characteristics,and raising and solving problems also proceed from the perspective of the four components.In terms of organizational features,the judicial identification process in the case lacks a clear statement of the starting point of the organization’s establishment.So,the process may lead to the wrong advancement of the organization’s existence time,and cause the scope of criminal responsibility of the chief elements to expand,or the mistaken identification of the organization’s participants.It is not conducive to the protection of defendants’rights;the criteria for identifying members of the organization are unclear,and the standards are unreasonably elevated or wired.For example,the judicial organ of city D will constitute at least one case crime as a necessary condition for identifying participants of underworld organizations,so that the defendant has not yet been targeted in practice.The individual was sentenced to the crime of participating in an underworld organization.In terms of economic characteristics,the identification of"organized access to economic benefits”is unclear.The identification of criminal organizations’ means to obtain financial benefits is often ignored.It is found that there is a problem of formalization and simplification of "supporting organizational activities," and it is challenging to separate healthy collective consumption behaviors accurately and to support organization activities.In terms of behavior characteristics,the scope of "organized crimes" is not precisely defined,and any crime committed by an organization member is considered organized crime.The position of "soft violence" in behavior characteristics is unclear,and it is difficult to use the "soft violence" method to commit crimes.In terms of hazardous components,the connotations of "illegal control" and "significant influence" are controversial,and qualitative difficulties exist.Uncertain identification has a tendency to mechanize.This article explains the understanding of the relevant normative documents,explores the original meaning of the legislation,explains and refines the rules of identification,and puts forward opinions and explores solutions to some problems unique to the practice.In terms of organizational characteristics,the specific application of the stratum criteria for determining the existence of triad-like organizations is discussed.It is proposed that evil groups and criminal organizations may refer to the stratum standards and appropriately relax them when defining the survival origin.It is essential to clarify the criteria for the identification of the participants in organizations and point out that participants who identified a defendant as a triad organization require another case of crime to "support," which deviates from the original intent of the legislation.In terms of economic characteristics,there are also organizational requirements for commercial activities of underworld organizations.In identifying "supporting organizational activities,"the actual assistance to the organization should be taken as the standard,and special attention should be paid to distinguish it from regular consumption expenditure and reasonable interpersonal communication.In terms of behavior characteristics,the concept of "organizational will" is proposed for the determination of the scope of organized crimes,and activities such as crimes committed within the scope of the organization will be included in the behavioral characteristics.This paper analyzes the status of soft violence crimes in behavior characteristics.It insists on the "three means toleration theory of threat of violence as the bottom line" in identifying crimes involving black crimes and proposes that soft violence can be a single means of crimes committed by evil forces.Regarding the harmful characteristics,it is pointed out that the danger of identifying the mechanization tendency of the detrimental features should be comprehensively judged in combination with factors such as the psychological influence of the masses;Innovatively propose the corresponding relationship between illegal control and significant impact in a particular area and particular industry,to identify the identification standards of the two and help clear the identification rules of harmful characteristics.