Research On The Crime Of Criminal Organization Under The Positive View Of Criminal Law

The influential major countries in the world today have established the concept of broad organized crime,which is reflected in the practice of various countries.The approach of reducing the threshold for entry into crime,expanding the criminal circle,timing early punishment,increasing punishment intensity,and early involvement of criminal law in social life,such as the active intervention of criminal law in social life,also proves that in the process of the role of punishment transitioning from retribution to prevention,The shift in criminal legislation towards a behavior based approach is inevitable for various countries,as the scope of punishment expands.In such a world trend,looking back at the domestic legislative tendency and theoretical research,it is also the way to punish crimes with the nature of the criminal organization to study the crime under the positive view of criminal legislation.This paper mainly adopts the methods of literature analysis and empirical research to start from the legitimacy of the positive view of criminal law,and discusses the necessity of the positive view of criminal law and its manifestation in China.At the end of the special fight against organized crime,the implementation of the Anti Organized Crime Law also marks the normalization of the fight against organized crime in China.Therefore,the positive view of criminal law is integrated into the full range of crimes committed by criminal organization,including concepts,characteristics Constituent elements,judicial identification,etc.,and finally point out the way to implement the positive criminal law concept in the crime of criminal organization.This article studies the legitimacy and necessity of a positive criminal law perspective in guiding the punishment of crimes related to criminal activities.In the first part of the introduction,it is concluded that organizational characteristics need to clarify four elements,behavioral characteristics need to enter soft violence,economic characteristics need to clarify the amount of conviction and sentencing,and the core of illegal control characteristics;In the second part,it is clarified that the object of this crime is an infringement of social management order.It is necessary to analyze the necessity for the unit to constitute the subject of this crime and the scope of criminal responsibility borne by the primary element.It is discussed that indirect intent and negligence do not constitute this crime,and the stance on "knowing" is relaxed;The third part discovers from practice that after the fight against crime and evil was launched,the four characteristics of court judgment documents were standardized and analyzed,clarifying the judicial determination of this crime under a positive criminal law perspective,including the incomplete form of this crime with suspension and attempted punishment,without preparation,and the provision on the punishment of multiple crimes does not violate the principle of repeated evaluation;In the fourth part,the path of implementing a positive criminal law perspective in the governance of this crime is discussed,including strict punishment in accordance with the law,adhering to the criminal policy of combining leniency with severity,expanding the scope of punishment,and actively responding to new forms that exist.