On The Identification Of Underworld Organizations

For some time,China has been accelerating the pace of deepening reforms in the economic,cultural,social and other fields,and many new features have emerged in the transitional society.These features will inevitably have a subtle influence on "triad organizations".At the same time,due to the influence of social and economic conditions at home and abroad,criminal organizations themselves will also undergo corresponding changes.It shows a change in new characteristics,and new problems arising from it also appear in the public eye.Today’s legislation in China simply summarizes the four characteristics of triad organizations: economic characteristics,organizational characteristics,behavioral characteristics,and illegal control characteristics.However,due to the vagueness of the language and the abstraction of concepts,judicial practice has emerged to identify triad organizations Big problem.Therefore,the author attempts to analyze the typical criminal case involving Boss in the Bozhou gangland crime case and change it to innocence.Based on the controversial issues raised in this case,the author discusses the problems that arise when identifying a triad organization,and triggers consideration of its judicial determination,By analyzing the value and significance of its correct identification from the perspective of criminal law theory and criminal law principles,and then through the research to determine the basis of the identification of triad nature organizations,to investigate the origin of legislation and the status of judicial practice,and found insufficient understanding of triad nature organizations,Preliminary discussion on the analysis of the necessity of the four legal characteristics of triad organizations,drawing on the experience of the relevant parties in Europe,America,Hong Kong,Macao and Taiwan,and analyzing the lag and Ambiguous issues and put forward suggestions on the correct identification of triad organizations from the perspective of details,and strive to establish and improve the crime of triad organizations in China,with a view to accurately guiding the identification of triad organizations in judicial practice,and further combating our country Organized crime contribute their meager strength.