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The Study Of The Organization Of The Underworld Nature Based On The Theory Of Interpretation

Posted on:2014-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:G Y DaiFull Text:PDF
GTID:2296330425979414Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The organization of the underworld nature in China has experienced germination,centralized transformation and development in three stages. The legislation againstthe organization of the underworld nature has developed from nothing and fromimperfect to perfect. In February2011, the basic features of the organization of theunderworld nature are written into the criminal code, which has become a milestonein the legislative evolution process of the organization of the underworld nature. Sofar the understanding of the organization of the underworld nature seems to have noproblem. But in reality the problem is far from being solved. Although after manytimes of summary and legislation, theory and practice fields have reached someconsensuses of the basic features of the organization of the underworld nature, butspecific knowledge of the organization of the underworld nature is not consistent.From the interpretation theory perspective, this article will launch a study of the basicfeatures of the organization of the underworld nature. The full text of more than30000words, apart from the introduction, mainly includes four parts:The first part is constituted by a review of the legislation process against theorganization of the underworld nature. In particular, the legislation process against theorganization of the underworld nature can be roughly divided into three stages: Thefirst stage is from the end of the70’s to the end of80’s in twentieth Century. Duringthis period, the legislation against the organization of the underworld nature is in thestage of exploration. The second stage is from the beginning of the90’s to the end of90’s in twentieth Century. During this period, the legislation against the organizationof the underworld nature is at the initial stage. The third stage is since the earlytwenty-first Century. This is the stage at which the legislation against the organizationof the underworld nature has been further perfected.The second part mainly solves the problem of status of the organization of theunderworld nature in the constitution of the crime. The writer thinks that theorganization of the underworld nature belongs to the necessary factors of the objective elements under the constitutive requirements of the crime, which directly decides theestablishment of the crime.In the third part the writer mainly analyzes and interprets the four basiccharacteristics of the organization of the underworld nature and puts forward his ownviews.The fourth part further illustrates how to hold the connotation of the organizationof the underworld nature on the whole based on the generalization and summarizationof the former basic features.
Keywords/Search Tags:Interpretation Theory, Organization of the underworld nature, Basic features, Illegal control characteristic
PDF Full Text Request
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