Research On Judicial Identification Of Underworld Organizations

Compared with foreign underworld organizations,underworld organizations are a unique form of criminal organizations in our country.my country's criminal law believes that underworld organizations should have four characteristics: organizational characteristics,economic characteristics,behavioral characteristics and illegal control characteristics.The "organizational characteristics" of the underworld organization shows that the underworld organization is a well-organized criminal group.The so-called rigorous organization should be considered from three aspects: first,stability,which is mainly judged from the duration of the organization,usually six months as the dividing line;second,the number of people reaches a certain standard,combined with judicial practice,generally considered to be 7 people The above are appropriate standards;the third is to have a certain level,that is,a pyramid-shaped organizational structure.The "economic characteristics" of the underworld organization shows that the underworld organization is a special economic organization,which should be analyzed from four aspects: First,organized economic activities show that the underworld organization relies on its own organizational strength to seize economic benefits;It is through certain illegal means.As an illegal criminal group,most of the criminal gangs use illegal means;the third is to achieve a certain economic strength,which is the reference standard for the scale of the organization;The "behavioral characteristics" of triad organizations indicate that triad organizations must rely on violence,threats or other means to produce a certain social impact.In practice,the "other means" is mainly "soft violence",and many illegal and criminal activities are carried out at the same time to strengthen deterrence and finally achieve illegal control.The "illegal control characteristics" of triad organizations show that,compared with other criminal gangs,triad organizations have control over certain regions and industries."A certain area" should include a specific social and living function space,but the network area should not be included in a "certain area".The understanding of "certain industries" includes both legal and illegal industries.