Study On The Application Of Organized Crime Proceedings

This article takes the anti-organized crime litigation procedure as the research object,and is divided into five parts in addition to the introduction and conclusion.The first part is the development process and particularity of organized crime litigation procedures.The litigation procedure for organized crime has gone through a development process from decentralized legislation to specialized legislation.Anti-organized Crime Law of the People’s Republic of China has for the first time established a complete system of organized crime litigation procedures in legal form,including case handling,personal handling,and property handling.Organized crime litigation procedure refers to a series of litigation processes in organized crime cases,including investigation,prosecution,trial,and execution.Its particularity is manifested in strict investigation procedures,strict regulatory systems,and improved witness protection systems.The particularity of organized crime determines the particularity of organized crime litigation procedures.The second part is the special detention and sentence system against organized crime.The special detention system for organized crime includes non-local custody,separated custody and solitary custody,while the special prison serving system refers to the system of enforcing sentences in different places.The special detention and imprisonment system is applied to prevent detainees from colluding with each other,to ensure the smooth conduct of proceedings,to ensure fair executions,and to deter and rehabilitate criminals.The application of the special system should effectively guarantee the right to know and the right to meet of the family members and defenders of criminal suspects or defendants,strengthen the review of the necessity of detention,and prevent and resolve the risk of human rights violations such as extended detention and extortion of confessions by torture.The third part is the witness protection system against organized crime.Strengthening witness protection is conducive to the disintegration of organized criminal organizations and the smooth investigation and trial of organized crime cases.The United States,Germany,Italy and other countries and regions have all formulated specialized witness protection laws,while China has stipulated the protection of witnesses in its laws and regulations.Anti-organized Crime Law of the People’s Republic of China stipulates a new measure of ’’changing the identity of protected individuals’ ’,and the application details of this measure need to be clarified.On the basis of drawing on and absorbing foreign legislation and practical experience,China has formed a’ quasi stain witness’ ’ protection system.The current witness protection system for organized crime should also strengthen the protection of witnesses and their close relatives in a broad sense,pay attention to the property safety,life tranquility,and mental health of witnesses,and strengthen the protection of’ quasi tainted witnesses’ ’ who plead guilty and accept punishment.The fourth part is the application of ’ System of Leniency for Pleading Guilty and Accepting Punishments’ ’ in the cases of organized crime.The application of ’ System of Leniency for Pleading Guilty and Accepting Punishments’ ’ in organized crime cases is conducive to comprehensive recovery of stolen goods and damages,resolving social conflicts,strengthening human rights protection,and releasing judicial goodwill.China’s laws and regulations contain a rich basis for applying ’’System of Leniency for Pleading Guilty and Accepting Punishments’ ’ in organized crime cases.Public security and judicial organs carrying out this system must not only ensure that the entire process and link of admitting guilt and accepting punishment are carried out,and put forward reasonable and appropriate sentencing recommendations,but also respect lawyers’ independent defense opinions and protect the right of criminal suspects and defendants to a defense.The fifth part is the property disposal measures against organized crime.Organized crime has the characteristics of economic crime,and ’ Property clearing and blood letting’’ is conducive to completely destroying the economic foundation of organized crime,disrupting and eradicating criminal organizations.The comprehensive property investigation and anti-money laundering investigation system in Anti-organized Crime Law of the People’s Republic of China is conducive to curbing the development trend of’ modernization’’ and ’ commercialization’’ of organized crime.The special confiscation procedure clarifies the scope of property recovery and confiscation related to organized crime.The disposal of assets involved in the case shall be carried out in accordance with law,and stakeholders shall enjoy rights protection and relief measures when they have objections to the disposal of assets.