Research On Several Problems Of Organizing,Leading And Participating In Crimes Committed By Underworld Organizations

The underworld organization is a unique concept of China’s Criminal Law.The Criminal Law stipulates the four characteristics that it should possess.However,the concept of the organization of the underworld nature still needs to be accurately defined.We believe that a triad-like organization refers to a stable criminal organization that has not yet developed into a typical triad organization and has illegally controlled certain areas of society through repeated criminal activities.Among the four characteristics of the underworld organization,"illegal control" is the essential feature of the underworld organization.Although the underworld organization has certain connections and differences with other related concepts,the fundamental difference is reflected in the "illegal control" feature.The three behaviors of organization,leadership,and participation in the crimes of organized-minded organizations should be specifically analyzed in combination with subjective and objective situations.The pattern of the cessation of crime is also complicated by the way of behavior.In terms of participation behavior,there is an attempted form.In terms of the number of crimes,the provisions of the Criminal Law generally violate the principle of prohibiting repeated evaluation.At the legislative level,there are still shortcomings such as lack of forward-looking,incomplete provision of crimes,lack of unit crimes,and uneven punishment of criminal law.Therefore,the legislation should clarify the meaning of "black organization",increase the provisions of unit crimes,and further improve the punishment setting,so as to better adapt to the needs of judicial practice and overcome corresponding defects.