A Study On The Crime Of Organizing,Leading And Participating In Underworld Organizations

In recent years,the crime related to underworld has shown an upward trend,and the underworld forces have been developing and spreading,and gradually developed into underworld organizations.The underworld organizations have gradually developed and matured,and their secrecy has been continuously enhanced,and their social harmfulness has become increasingly prominent.Underworld organization crime is a kind of crime with great social influence,extremely serious harm and high difficulty in fighting.It is called "three major crime disasters in the world" together with drug trafficking crime and terrorism crime.Therefore,it is urgent to improve the legislation and relevant systems to combat the underworld crimes.China has launched a series of special activities to fight against black and evil,and introduced a series of laws and regulations,which is enough to see the state's resolute attitude against the black and evil forces.At the beginning of 2018,the nationwide special fight against underworld and evil for three years made the crime of organization,leadership and participation in underworld organizations stipulated in the first paragraph of the 294 th article of the criminal law become a hot crime again.There are a lot of legislation and related laws about this crime in China,but they are not systematic enough,and the application of law in judicial practice is not perfect.It is necessary to deepen the research on this crime to guide judicial practice in response to the national special struggle against crime and to maintain the long-term stability of the country.This article is divided into four parts to discuss this crime.The first part is "an overview of the crime of organizing,leading and participating in the organized gangsterdom ".Mainly elaborated the underworld nature organization concept,combed this crime evolution process.It includes various theories and comments on the concept of underworld organization,and combs the development of this crime with the clue of time.The second part is "the analysis of the main elements of the crime of organizing,leading and participating in the mafia-style organization ".It introduces the object violated by this crime and the objective behavior of this crime.It includes the different theories and comments on the object of the crime,the organizational behavior,the leadership behavior,the participation behavior and the transformation of the relationship among the three behaviors.The third part is "the analysis of the main problems in the judicial cognizance of the crime of organizing,leading and participating in the underworld organizations ".First of all,combined with the distinction between the underworld organizations and the evil forces,taking the specific cases in judicial practice as a reference,this paper discusses the identification criteria and the core of underworld organizations.Then,discuss the judicial cognizance of this crime,expound the cognizance of this crime and non crime,the cognizance of accomplished form ofthis crime,the cognizance of accomplice of this crime and the cognizance of the number of crimes of this crime.The fourth part "suggestions on the improvement of the crime of organizing,leading and participating in the organized gangsterdom".On the basis of enriching the theoretical knowledge,studying the classic cases of this crime and grasping the situation and policy,through the reflection on the legislation of this crime,we find the shortcomings of the current legislation,summarize the problems encountered in the judicial determination of this crime,think about the foresight of the relevant acts of this crime,and in view of these problems,it puts forward suggestions for supplement,modification and improvement.It mainly includes refining the content of the crime,improving the content of legal punishment and adding new charges.