The Research Of Problems On Criminal Syndicate

Crime committed by criminal syndicate which is considered as one of catastrophic crimes in the current world of together with drug trafficking,has become a cancer of the whole civilization world,seriously threatening human beings' peaceful life with its unique characteristics of anti-society, rigorous organization and corruptibility. Nowadays organizations in the nature of criminal syndicate have become into being in our country and are gradually growing mature and turning into criminal syndicate. With the number growing, the degree of organization develops gradually and scale of organization expands. They have been doing more and more damage to the society. As a result. recognizing the reality in our country, multi-angle and deep study on crimes of criminal syndicate, have important theoretical and practical significance to sweep a strike on crimes of criminal syndicate accurately and severely. This article is mainly to study five problems in crimes of criminal syndicate.Firstly, the author mainly expounds and comments the quality and concept of criminal syndicate. The basic concept is the premise of our logic thinking and the base of correct judge and deduction. If there was no a clear understanding about basic words, it would bring a lot of trouble in theory and practice of judiciary, such as crime and no crime, this sort and that sort crime, and so on. Therefore, this part defines the concepts of organizations in the nature of criminal syndicate and criminal syndicate accurately, and analyses briefly the relationship between them. From the actual conditions, defining criminal syndicate is more reasonable than defining organizations in the nature of criminal syndicate.Secondly, the concept and structure of criminal syndicate were discussed.The second part is to explore subject status and trend of criminal syndicate. In fact, it extends from criminal syndicate crime. Through comparing with overseas criminal syndicate crime on subject longitudinal changes and lateral changes, we can know that criminal syndicate crime on subject structure of the development experiences the number from a limited amount, members' quality from primary to senior evolution process. Along this rule, we reveal that the subject of criminal syndicate crime also experiences the same process, and then analyzes its reason. Meanwhile, through comparing with the development process in criminal syndicate crime influencing the organization's internal and external, we can know that the present development on criminal syndicate in our country. It promotes the rational legislation and accurate judicial.The third part mainly explains the judicial cognizance of criminal syndicate.Firstly, the features of criminal syndicate are defined. This part mainly cognizes the characteristics of the organization structure, economic strength, behavior as well as illegal control. Secondly, this part is the definition of the subject in criminal syndicate, including the organizers, the leader, and the participants. Finally, this part discerns the relation between and criminal syndicate and others which are similar with it.The forth part is about improving legislation on criminal syndicate crime. In recent years, phenomenon of criminal syndicate crime in our country is quite rampant, and the situation is worsening. While the present criminal law about article 294 seems to have lagged behind the present situation. Therefore, the author puts forward some legislative suggestions, such as modifying and unifying charges, increasing varieties and degree of crime, and highlighting the difference between crime subjects.