Discussion On The Suggestions That Improving China’s Criminal Legislation Of Organized Crime Nature Organizations

Organized crime of a gangland nature has great harmfulness to public society, the existence and development of organized crimes effect political and economical order greatly to related countries and districts. China attaches great importance to striking organized crimes, and insisting on striking it early and in small size. With the development of social economy, China’s criminal organizations present some new trends, however, the legislation of anti-organized crime has not changed correspondingly, which leads to some practical difficulties in countering Organized crime of a gangland nature.Through elaborating the concept of China’s organized crime of a gangland nature, this paper introduces the characteristics and trends of organized crimes in our country historically, compares and analyzes the laws of organized crime abroad and organized crime of a gangland nature at home horizontally, thereby, it concludes the deficiency of China’s legislation on organized crime of a gangland nature. Finally, it proposes several suggestions on improving criminal laws.Besides the preface and conclusion, this paper can be divided into four parts.The first part introduces the overview of organized crime of a gangland nature. According to the current domestic crimes related to gangland, it starts from the concept of gangland organization, pointing out that there is no mafia-like, organization currently in china, only organized crime of a gangland nature, which is adopted in our judicial practice, including leadership, participation, harboring, penetration. Moreover, it illustrates the evolution, characteristics,and trends of domestic organized crime of a gangland nature.The second part is the introduction and analysis of legislation in foreign countries on organized crimes. Mainly comparing legislation of developed states, such as America, Japan etc, it indicates advanced experience of legislation that we could learn.The third part is the status quo and analysis of China’s provisions on organized crime of a gangland nature, which states the legislation in1997Penal Code, judicial interpretation and amendment VIII to the criminal law. Combing judicial practice, it points out the deficiency in criminal legislation of anti-organized crime of a gangland nature.The fourth part is the suggestions of improving criminal laws on organized crime of a gangland nature. From respects of substantive law and procedural law,it proposes the suggestions of distinguishing definition clearly,adjusting punishment, raising sentence, adding provisions of probation, commutation, parole, and stipulating secret investigation system, improving witness protection system etc, to achieve the objective of perfecting laws and being convenient to prosecution.