Analysis Of Yan Mouhao Organization,Leading Mafia Case Of Criminal Law

"Heishehuixingzhizuzhi" is unique to our country's criminal law text language,a reasonable interpretation of the underworld organization is directly related to China's "anti black" carry out the criminal policy,the legislative purpose,but also related to the protection of basic human rights offenders.The core and the reasonable interpretation of the underworld organization is the four characteristics of "reasonable to clarify the fifth paragraph of article 294th of criminal law"expressly listed,but legislation belongs to theoretical presupposition of the four characteristic provisions of the underworld property organization,and the expression of the abstract.In practice,the judiciary cognizance of the underworld property organization,easy to overlook the overall relationship between the organic unity between the four features,four features appear together and cognizance of the underworld property organization and crime,to explore the reality of the judiciary cognizance of the underworld organization,starting from the actual case,the theory of concrete the nature of organized crime,plays a very important role in fighting and preventing the underworld.The research methods used in this paper for the case analysis,by linking theory with reality,realistic feedback theory,the influence of Yan Mouhao organization,aims to analyze the regional leading Mafia case,both parties to the cognizance of the underworld property organization dispute focus on the amendment of the criminal law,legislative interpretation,four the characteristics of the underworld property organization judicial interpretation and meeting summary,and think about the case caused by the Mafia judicial cognizance and application and other issues,in order to contribute to the Mafia crime.In addition to the introduction and conclusion,the thesis is divided into three chapters:The first chapter mainly introduces the specific circumstances of leading Mafia case of the area of strict organization,Mouhao.In the focus of the case,this article through the prosecution and defense parties in the case of complaints and opinions of the summary of the defense,and then draw the focus of controversy in this case:underworld organizations identified.The second chapter is the focus of dispute resolution.In view of the problems in the underworld organization identification,four basic features syndicate through the revision of criminal law,legislative interpretation and judicial interpretation of the provisions and meeting minutes on the analysis to Mouhao Yan led organization is not a mafia.For the cognizance of the underworld property organization,this is only the case,the focus of dispute between the parties is analyzed,namely the organizational features,the problems and legal restrictions on the number of registered companies,enterprises will become the underworld organization's defenses were discussed;in the hazard characteristics,to "great influence" was discussed.The third chapter is the problem and thinking.In the process of combing the case,the case has caused me some thoughts:the first is on identified issues related to the Mafia,including the cause of Mafia Judicial Dilemma;the system of the overall relationship between the four characteristics of criminal syndicate;for the problem about the underworld property organization the amendment of the criminal law,legislative interpretation and judicial interpretation;and the correct treatment of the 2009 "Beijing conference summary" and 2015 "Beihai meeting",to prevent the expansion of the organization of the underworld crime.In addition,access to the case of the one or two judgment,the facts found in the judgment of unspecified reasons and the applicable law does not prove these two problems,which caused the author to think about the use of legal interpretation case.This paper is based on the real case,we hope to promote from the subtle to solve the problems in the practice of the child is father of the man.