Study On The Crime Of Gandom-Like Organization

When our country in 1997 revised the criminal law,Legislates for the first time the form has stipulated the crime of gandom-like organization. But because we are insufficient to this kind of crime understanding,The research is not deep,From and so on the various aspects all have the massive problems the legislation technology, the legislation language to the theory preparation, The legislation also does not have objectively the assurance to the crime of the gandom-like organization's legal characteristic,Thus has adopted one kind of descriptive and includes everything the legislation pattern, But the realistic situation development sternly is challenging actually our legislation and the judicial wisdom,Simultaneously is also testing the legal science theory and the judicial practice foresight strength and the insight. But along with our country "anti-hacker" struggle further development,More questions,If the crime of gandom-like organization's limits, the protective umbrella recognized and so on emerges together, The deeper level question needs us to reply. We must to the crime of gandom-like organization from the basic concept, the nature, the characteristic, the historical development, the origin, the trend of development, the judicature recognize, aspects and so on legislation consummation make carefully the research and the proof, By this back and forth should the judicial practice request, instruct our criminal judicature practice. The author chooses this topic to take the graduation thesisjs must theoretically further in the thorough research foundation, The solution already has some problems in the judicial practice which and possibly exists,And consummates, the revision law for the legislature offers a few ordinary introductory remarks so that others may offer their valuable ideas.In research technique and paper writing aspect,Theory guidance,Practice foothold,Theory relation practice Is basic mentality which this article writes; Summarizes other people research results,Regarding this comparative analysis,Elaborates the oneself innovative viewpoint fully,Is this article studies with the writing essential method.This article first to "organized crime" and "the crime of gandom-like organization" the concept has carried on the system comparative analysis, To overseas has carried on the judgment with our country Hong Kong, Macao and Taiwan area about the organized crime definition and the understanding, Proposed own new viewpoint to these two concepts, If the crime of gandom-like organization has the Chinese time characteristic on in its definition and the concept, the transition which has on in its...