Research Of Underworld Crime

Underworld crime is one of the most severe crimes in the world. In recent years, the once sweptout underworld organizations have appeared again, which have affected political stability of our nation and safety of peoples' lives and properties. Article 294 of the Criminal Law which provided underworld crime, and the judicial or legislative interpretation made by the Supreme Court and Standing Committee of the National People's Congress have become the legal bases of combating with underworld crime. This paper deals with the current situation and legislation of underworld crime as well as its concept and characteristics. It also discusses about the application and improvement of regulations concerned.There are 39000 words in this paper. It consists of five chapters besides the introduction.Introduction. It discusses the endanger, disappearing and coming back as well as legislation of underworld crime, in China.Chapter 1. It discusses the development, current situation and types of underworld organization in mainland of China. It also introduces the general situation and legislation of overseas underworld organization. Then, it analyzes the general constitutive elements of underworld crime in China.Chapter 2. It elaborates the concept, characteristic, types, and determination of underworld organizations. It defines concepts such as underworld, underworld organization and organization with underworld elements. It also distinguishes underworld organization with generally called gang of crime, vicious power andcriminal group, terrorist organization, cult organization crimes ,as well as committed by a unit.Chapter 3. It analyzes the constitutive elements and determination of the Crime of organizing, leading and actively participating in a Mafia-style organization, which is provided by first paragraph of Aricle 294.Chapter 4. It analyzes the constitutive elements and determination of crimes such as the Crime of developing Mafia syndicate after entry and the Crime of harboring a Mafia-style syndicate.Chapter 5. It points out defects of legislation against underworld crime. It also discusses the application and improvement of current legislation against underworld crime. It suggests that we should add such new crimes as the Crime of organization, leading or actively participating in a Mafia-style organization, the Crime of harboring a Mafia-style syndicate, or penalize typical crime of Mafia organization more heavily than crime of Mafia-style organization. It also suggestion adding the Crime of participating overseas Mafia syndicate, supplying the Crime of harboring overseas Mafia syndicate to Crimes of harboring Mafia-style syndicate, providing property-oriented penalties for underworld crimes in legislation.