Study Of The Legislative Verification Issues Of The Underworld Gang Featured Organizations

Crime of the underworld gang endangers the social and economical orderof the modern society seriously. It is the Chinese legislation thatfirstly had the underworld gang and the underworld gang featuredorganization clearly classified in its criminal law legislations.However in general jurisdictional practices, there still have beenfrequently rising issues on how we could verify an organization as theunderground gang featured. In the following, we shall carry out studieson this very topic and hope to have contributions to the legislativeexecution concerned. The underworld gang and the underworld gang featured organization aretwo concepts that are closely interrelated however with certaindistinctions. Many experts would classify the latter as the intermediatebetween the ordinary criminal group and the underworld gang. It is theopinion of this paper that the underworld gang refers to the organizationthat is independent of the mainstream society, the purpose of whoseestablishment is to take an illegal control and the general practice ofwhich is to commit crime to the society. In most circumstances theunderworld gang is a criminal organization with strong economic strength,the anti-social values, cultural psychology and tight organizationalcontrol. Its act is generally contradictory to the traditional socialorder however somewhat rely on it. The basic character of the underworldgang is to carry out an unlawfully control over the society. As far as the underworld gang featured organization is concerned, thelegislative character of it has been classified somewhat scientificallyin the newly published criminal law, which sets up basis for the concerninglegislation process and our general understandings. However, it is alsothe viewpoint of this paper that the description of "lording it over thepeople in an area ,perpetrating outrages ,riding roughshod over or cruellyinjuring or killing people " is not professional and exact, tooextractive therefore difficult to apply. It also causes certainobstacles to the application of the equal principle to law executions.Referring to the stipulations in《Jurisdictional Interpretations》and ,《Legislative Interpretations》, we think that it is better to classifythe underworld gang featured organization as the one that is a criminalgroup with certain economic strength, the purpose of whose establishmentis to exert an unlawful control in certain social scope, by means ofviolation, threatening and other criminal acts, and the organization ofwhich is somewhat tightly controlled. To be framed into an underworldgang featured organization, a criminal gang must simultaneously have fourlegislative characters of "organization tightly controlled","economic strength relatively strong", "resorting to violence" and"executing an unlawful control". As far as the retroactivity of ,《Legislative Interpretation》 isconcerned, before its publication, stipulations in 《JurisdictionalInterpretations》 had concluded four characters of the underworld gangfeatured organization as organized, economically strong, being an"umbrella" and violence resorted to. However, when the character ofthe underworld gang featured organization is interpreted in 《LegislativeInterpretations》, four characters of organized, economically strong,resorting to violence and unlawfully controlled are concluded. Thecharacter of "umbrella" was replaced and it was only categorized as oneof the behavior options of the unlawfully controlled character. Thislegislative arrangement obviously liberalized the jurisdictionalverification standard of the underworld gang featured organization.Therefore, the governing scope of 《Legislative Interpretations》 issomewhat wider than what in 《Jurisdictional Interpretations》. As thejurisdictional verification of the underworld gang featured organizationis directly related to if the suspect is committing a role of organizing,commanding or taking part...