Study Of Organized Crime Legislation

Underworld Crime has become a very important problems, so international society widely pay attention to it, and it has become more and more serious in our country. Therefore, how to oppose and effectively refrained underworld crime has been the essential task of the criminal legislation in our country. We need to compare the practice of the other countries, especially the developed countries, and take advantage of their successful experience, and perfect our legislation on underworld crime. This paper deals with the legislation of underworld crime and the improvement of regulations concerned. There are 33000 words in this paper. It consists of four parts.Part One: The author discusses the legislation of underworld crime of our country. Our legislation does not stipulate underworld crime in the criminal code inl997. It makes explicit regulations in the 294th strip of criminal law in 1997, which include three accusations. The first is "the organizing, leading and joining underworld organization crime", the second is "enter a country developing underworld organization crime" and the third is "covering up, conniving at character organization of underworld crime". The criminal legislation in our country punishes the underworld crime begin in the local code and regulation. Those who use the concept of "underworld" for the first time in the official document were in September, 1982 Guangdong Province Shenzhen people's government issues "Bans Underworld Circular". But in nationwide official document, "underworld" began used in the first time "striking hard" in 1983.And has released the judicial interpretation in 2000, in 2002 has also promulgated the legislative explanation. Hong Kong area of our country has formulated "Mass organization Rule", which has listed all crimes related underworld organization. To crack down on the underworld crime severely, Hong Kong also has formulated "Organized and Grave crime Rule". Macao area of our country uses independent legislation attack underworld crime which is important countermeasure. Macao promulgated "the prevention organized crime specific criminal activity laws and regulations" in 1978. Latter has promulgated "Organized criminal Law" in 1997, substituted this "the prevention organized crime specific criminal activity laws and regulations ". Taiwan area of our country has released "the organization crime against system rule" officially at the end of 1996.Part Two: Introduces the legislation of underworld crime of the developed countries and U.N Convention against Transnational Organized Crime. The author introduces the legislation of underworld crime about underworld crime such as USA, Italy, Germany, France, Russia, and Japan. There are five parts in U.N. Convention against Transnational Organized Crime which is about underworld crime. First, participate in to have organization criminal gang behavior convict to be convicted; Second, has stipulated corporation responsibility specially; Third, sanction on organized criminal; Fourth, special regulation to organized criminal penalty; Fifth, special regulation to organized criminal property confiscation.Part Three: Underworld crime legislation analysis. There are four kinds of criminal legislation pattern about underworld crime in the world at present, first, without special criminal legislation about underworld crime; Second, criminal law legislation; third, specific criminal legislation; fourth, Comprehensive legislation. The author thinks, by working out criminal code and regulation of special underworld crime one-way, being able to make comparatively systematic regulation to underworld crime. When the time is ripe, our country should also formulate specific criminal laws and regulations about the underworld crime. In the field of entity law: (1) looking from the crime constitution: First, various countries legislation stipulate the underworld society crime's main body as the general main body; Second, the subjective aspect display to and actual intent to gain economic interest; So long as the various countries' universal stipulation organizes or joins the underworld criminal organization is the constitution crime, but does not request to have the concrete other criminality; Third, the objective aspect displays for the organization, participates in or supports behaviors and so on organ criminal group, the majority of countries and the area regard this kind of crime as "the behavior commit", also some countries stipulation is "the plot commit"; Fourth, the organized criminal violates the law profit about public peaceful or the social life order. Punish underworld crime with severity; Apply to property punishment broadly to underworld crime; A few countries and regions stipulate punishment to be able to apply to append other punishment to underworld crime. In the field of procedure law: Adopt extraordinary gauge measure; Protect witness commonly. Comparing with the legislation of underworld crime of U.N. Convention against Transnational Organized Crime, our legislation of underworld crime has some defects: Our country criminal law has not taken the unit as the main body of the underworld crime; in legal punishment lack of property punishment stipulation. It is harmful to crack down on underworld crime.Part Four: The defects and perfection of our country's underworld crime. Comparing with the legislation of underworld crime in foreign countries and U.N. Convention against Transnational Organized Crime, our underworld crime has many defects: lack of foresight and maturity; lack of severity in establishing punishment. The blankness in some special criminal procedure and administrative measures rises the degree of the difficulties in confirming and refrain in the legislative practice. Perfecting our country's legislation on underworld crime, we need put hand to the following aspects. On the one hand, we need to perfect the criminal entity law. First, make the definition of the under-world society more exactly; Second, erect some new crimes concerning underworld Crime such as the crime of organizing, leading and taking part in the under-world society, and make criminal law having moderate foresight; Third, perfect the legal criminal law on the crime committed by the under-world society; Fourth, add the property punishment on it. On the other hand, we need to perfect the code of criminal procedure, and the ways are as follows: firstly, give the investigator some special detective supplement and secret investigating means; secondly, adopt special evident system; thirdly, set up and perfect the witness protection system. Using the administrative measures is also a main way to perfect the legislation network of anti-underworld-crime. Presently it is urgent to improve and perfect anti-bribery legislation, anti-money laundering legislation and to strengthen the administration of the dangerous goods like guns and ammunition. With the improving and perfect of legislation of the anti-underworld-crime, underworld criminal could be punished on time. With our best efforts we are sure that we will effectively refrain underworld crime at the end.