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Research On The Crime Of Underworld Organization

Posted on:2021-01-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:1526306461963999Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Underworld crime has a long history in developed countries and regions.Since the reform and opening up,criminal organization of gangland organization has been rising and spreading.Underworld crime is a kind of criminal form with extremely serious harm.Together with drug trafficking and terrorist activities,underworld crime has been declared as the three major catastrophic crimes of human beings by the United Nations.Though criminal organization organized by gangland in China is not organized and large in scale,such as foreign gangland,it is not inferior to the universality of its development and the seriousness of its crime.Moreover,the crime of Mafia style criminal organization reflects some weak links existing in our social governance.We must study and analyze the pertinence and validity of our country’s national conditions and the rule of law environment.In view of this,this paper compares the key points of social management in China with the current social governance focus through the transformation of perspective,and makes clear that social governance is more feasible in the aspects of subjects,basic concepts,methods and objectives,and even more effectively mobilize the whole society to punish criminal organization effectively.Crime crackdown on "Leniency and severity" can be more reflected in the legislative purpose and the spirit of rule of law in the protection of human rights.By comparing the past "black and evil" and the current "black and evil",we should make clear that our country’s criminal organization should be updated in terms of philosophy,strategy,and methods,and we should discard the past "Sports".Law enforcement,from the source of governance,the goal of tackling both symptoms and root causes to eradicate the underworld organized crime of the soil,and its comprehensive governance.Meanwhile,the governance of gangland like criminal organization is a systematic project.It is not effective to rely solely on Legal strike.Criminal organization criminal organization is a more comprehensive and profound understanding of the characteristics of underworld organizations.This paper uses the theories of politics,economics,sociology,criminology,etc.to interpret the criminal organization from multiple dimensions,including the organizational interpretation of the criminal organization from the perspective of bureaucracy theory,and the economic interpretation of the underworld organization from the perspective of interest driven theory.On the illegal control interpretation of underworld organizations,trying to dig deep at all levels to clarify the causes and truth of the underworld organization,so as to more accurately and comprehensively understand the "four characteristics" of the underworld organization,and put forward directional guidance for the identification of Mafia style organizations in practice.Because criminal organization of syndicate is a special joint crime,it needs to be understood and grasped in combination with judicial practice.Therefore,this article demonstrates the form of accomplice in the practice of underworld organized crime.It focuses on the empirical analysis of the organizers,leaders and active participants in the underworld organizations,and makes a distinction between the underworld and the evil criminal groups and the general criminal groups.Enter.In order to make the theoretical research more targeted,this article selects several kinds of crimes that are frequently implemented by criminal organization criminal organization,including the crime of illegal detention,the crime of provocation,the crime of affray,the crime of setting up a casino,and the intentional homicide.Meanwhile,criminal organization criminal law is also analyzed in order to distinguish between the phenomenon of civil and criminal offenses in the identification of crimes,so that the criminal syndicate criminal organization is different from the common illegal phenomena such as private lending,so as to avoid the fact that the behavior of this organization which is not belonging to the underworld type criminal organization is elevated.This paper uses the theory of one crime and several crimes to explain,and from the perspective of law and criminal policy to analyze and demonstrate.Finally,under the premise of accurately identifying the criminal organization of gangland organization,it is proposed that the criminal responsibility should be reasonably allocated according to the status and role of the members in the criminal organization.The three aspects of the theoretical basis,the liability principle and the judicial definition are classified and classified into the criminal responsibility of the organizers,leaders,active participants and other participants,so as to ensure the punishment of both crimes.Heng.Meanwhile,in view of the criminal law provisions of criminal organization against gangland like crimes,combined with practice,it points out the deficiencies in penalty allocation,and puts forward corresponding suggestions for improvement and improvement.
Keywords/Search Tags:social governance, temper justice with mercy, crack down on the underworld, bureaucracy, illegal control
PDF Full Text Request
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