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Understanding And Researching On The Nature Of The Black Society

Posted on:2019-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:W J XiaoFull Text:PDF
GTID:2346330542486145Subject:Law
Abstract/Summary:PDF Full Text Request
There does not exist underworld organization in China,but the existence of underworld property organization crime.The formation of the underworld property organization has a specific reason,mainly including history,politics,economy,culture,psychology,etc.China's legislation on the characteristics of the underworld property organization,main organized characteristic,economic characteristic,behavior features and illegal control.Underworld property organization crime as a kind of harm is bigger,the public security management and of the citizen's personal and property security caused serious influence,so the correct review the essence characteristic of the underworld property organization,analyses the reason of its formation,look for its prevention and cure measures has certain necessity.To clarify the essential characteristics of integrity,correctly define what is meant by the underworld property organization,actively convert it to a higher level of crime.Taking Xiong Sulong leadership,organization,to participate in the underworld gangs,for example,starting from the case of a disputed point,discusses some problems in the underworld property organization.In the case of a disputed point are mainly the following several aspects: one is in the other case,the defendant claimed that they do not know the Xiong Sulong can recognized as a leader of the group?2 it is Xiong Sulong the organization of the underworld property organization whether meet the black social organization characteristics and economic characteristics of gangs?3 it is to belong to repeat evaluation in various criminal punishment?By discussing argues that in theory for the nature of the underworld property organization exist different points of view,but there are some shortcomings.At the same time,because the legislation on the concept of the underworld property organization is relatively fuzzy,the explanation for its essential character is also very abstract,this also causes in the judicial practice of what is the cognizance of the underworld property organization is difficult.By analyzing the case,the author thinks that Xiong Sulong belongs to the group leader,concluded that there is no doubt of his identity,the group is also accord with the four characteristics of underworld property organization,at the same time,the court of the other criminal conviction sentencing is accord with the law.
Keywords/Search Tags:Organized crime of a gangland nature, essential reason, integrality, measures
PDF Full Text Request
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