Research On Judicial Cognizance Of Underworld Organization

Criminal organization crime is a unique concept in China’s legal conntext based on the current situation of Chinese society,and it is also a very typical form of organized crime that our country has been focusing on for a long time.Under the unified deployment of the Central Political and Legal Commission,China launched special activities of "cracking down on gangsters and eliminating evil forces" in 2000 and2006 respectively.Stepping into a new era,The three-year special struggle against gangsters and evil forces launched in 2018 has deepened the development of this special activity and effectively cracked down on the criminal activities of gangsters and evil forces.In view of the unclear provisions of legislation and judicial interpretation in combating organized crime of underworld nature in China,as well as the deviation of law enforcement departments in understanding criminal policy.There are differences in the identification of underworld organizations by courts at all levels.This paper discuss from three parts,this article is based on the case published by the China refereeing document network and the guidance case published by the Supreme People’s Court,this paper disscuss the problems existing in the judicial cognizance of mafia-style organizations,and puts forward some suggestions in order to improve the judicial determination of underworld-like organizations.The first part is to analyze and discuss the definition of underworld organization and the evolution of legislation.Firstly,it analyzes the representative concept of organized crime in foreign countries,summarizes and summarizes the main viewpoints of the academic circle of criminal law in my country,and puts forward the author’s point of view.Then,it analyzes the three stages of local legislation creation,criminal legislation and legislative improvement.It systematically shows the relevant regulations and changes of the underworld-like organizations.The second part is based on the relevant judicial cases on the judicial documents online,as well as the criminal trial reference and guidance cases of the Supreme People’s court,the problems in judicial identification of the four characteristics of underworld organizations are explored one by one.For example,in terms of organizational characteristics,the number of people is often not clearly defined,which leads to inconsistent identification in judicial practice.In terms of economic characteristics,Legitimate interests are included in the scope of economic strength identification,which simplifies the identification of "economic strength";In the aspect of behavioral characteristics,the criminal acts such as provoking trouble have been evaluated when identifying the behavioral characteristics,and then punished for several crimes,so there is a problem of repeated evaluation.In terms of illegal control features,There are some problems,such as whether the "certain area" includes cyberspace is not clear,and the "degree of illegal control" is not accurately identified.The third part is based on a correct understanding of China’s legislation,judicial interpretation and relevant criminal policies on combating criminal organization,how to perfect the judicial identification of the triad organizations: the bottom line criterion of “Large number of people”is defined as more than 6people,which provides a unified standard for the judicial organs;secondly,correct distinction is made between the legitimate economic interests and the illegal economic interests of mafia-style organizations,and the scope of identification of economic strength is limited;third,in the behavior characteristic,does not take carries out the illegal criminal activity as the essential condition,revises “Takes carries out the illegal criminal activity as the goal ”,avoids the duplicate appraisal qion;fourth,Explicitly Brings “ The cyberspace”into the “Certain area”cognizance scope,reasonable definition of “Illegal control degree”.