The Evolutionary Trend Of The Criminal Organization Of The Underworld Nature Of China And The Improvement Of The Legislative System

The Chinese unique Social system proves to be an obstacle to the development of Underground Criminal Organization.However,with our country's political and economy transition,the once swept out crimes of Underground Criminal Organization stage a come-back in recent years and become a critical social security problem of public concern.Therefore,Chinese Legislature adopted the Concept of Mafia-Style organizations,which is not only an original legislation,but also a reflection of our current situation.As a kind of organized crime,Mafia-Style organizational crimes differ from normal crimes nor typical Underground crimes.The four distinctive features of Mafia-Style Organizational crimes have been elaborated on the Criminal Law of the PRC Bill for amendment(2011).But the current Mafia-Style organizational crimes have also taken on the new forms owing to the long-term fight with the Judicial Authority,which include the following aspects:1.Company Management and Elite Management2.Business Diversity and Relevance3.Indirectness and Nonviolence of Crimes4.Asylum from Local and Influential officialsAll these changes have posed great challenges to Judicial Authority's attempt to define the nature of the crime,which also compound the dif'ficulty of application of law.As a consequence,a clear definition of Mafia-Style organizational crime should be clearly stated,which is a pressing matter of the moment.This thesis aims to provide some feasible proposals for Judicial Authority to identify the new features of Mafia-style crimes.The whole paper consists of 4 parts.Parts one:The author discusses briefly the origin,present situation and developing tendency of mafia-style organization.Part Two:The author analysize the defects of our current legislation against the crime of mafia-style organization.Part Three:The author analysize the legal application problems against the crime of mafia-style organization.Part Four:The author put forward some feasible proposal in perfecting legal system in defining mafia-style organizational crimes.