Research On Crimes Of Underworld Organizations Under Criminal Policy Changes

China has a long history of criminal policy governance.From the early suppression policy of counter-revolutionaries to the criminal policy of combining justice with leniency in the society ruled by law,the practice of using policies to crack down on crimes is indeed rich.At the same time,in 2018,the country launched a special struggle to "crack down on mafia and evil",and the problem of mafia-related crimes was rampant for a time.The establishment of criminal policy in China has gone through several stages,and many similar special struggles have been carried out in our country in the past.Combined with the evolution of criminal policy and the study of underworld organized crime,we can better observe the relationship between criminal policy and crime.The specific structural arrangement and main contents of this paper are as follows:The first chapter probes into the criminal policy of underworld organized crime,and expounds the basic theory of "criminal policy" needed in this paper and the historical evolution of the criminal policy of underworld organized crime in our country.First of all,from the perspective of history and the present,this paper examines the connotation of the concept of criminal policy from inside and outside the domain,based on the fact that this paper has no intention of seeking the most accurate one in the vast definition of criminal policy.the focus is to find a consistent and referential definition of criminal policy from the concepts put forward by scholars through the ages.That is,although the meaning of criminal policy can be divided into broad sense and narrow sense,and there is no agreement on the definition,the purpose of criminal policy is to prevent crime and protect human rights.With this implied purpose,criminal policy should pursue the adaptation of crime and punishment when affecting criminal substantive law,and should not ignore the principle of legality of crime and punishment just for the pleasure of temporary prevention.Then this paper analyzes the functional significance of criminal policy,which is not only guided by legislation,but also can still play a role in judicial application.Finally,this paper combs the different criminal policy stages of underworld organized crime,through the changes of criminal policy to see the criminal policy implemented since the founding of the people's Republic of China,in order to analyze the impact on individual crime.On the one hand,our country adopts criminal policy or policy to govern the country,which has a long history,which also means that our country is dependent on the path of policy governance.On the other hand,the changes of China's criminal policy,from the combination of repression and leniency,punishment and leniency,to the criminal policy of combining justice with leniency,we can see that the development of China's criminal policy is different from the development history and special national conditions of othercountries,and the impact of criminal policy on crime is more obvious.At the same time,it analyzes the historical influence of the strike hard policy and the criminal policy of combining justice with leniency on the underworld organized crime,that is,it has reached an one-way analysis of crime from the criminal policy,which has become an indispensable part of the dual structure of "crime-governance".The second chapter is the evolution of underworld organized crime under the influence of criminal policy.It also explains the influence of judicial interpretation and judicial documents under different criminal policies on underworld organized crime.under the current criminal policy of combining justice with leniency,we still crack down on underworld organized crime severely.The reduction of the threshold of crime and the expansion of crime circle are the embodiment of the influence of criminal policy in judicial interpretation.The third chapter is the identification of underworld organized crime under the influence of criminal policy.On the one hand,it analyzes the current situation of judicial cognizance of underworld organized crime,and summarizes the influence and current situation of criminal policy on the cognizance of this crime through the analysis of four characteristics.The judicial interpretation shows a tendency to blur,weaken,or adopt a substantial understanding of the four features.in practice,we should be vigilant against the generalization of the crime and expand the scope of the attack.On the other hand,combined with the latest judicial interpretation to analyze the disposal of criminal property of underworld organizations,the judicial interpretation expands the scope of criminal property of underworld organizations,and more attention should be paid to the difference between individual legal property and organizational illegal property.Through the identification of crime and the disposal of property,this paper more intuitively summarizes the impact of China's criminal policy on underworld organized crime.The fourth chapter,in view of the first three chapters,this chapter is the reflection of the criminal policy of underworld organized crime in our country.First of all,it analyzes the specific criminal policy of "hitting early" in cracking down on underworld organized crime.On the one hand,it can help to prevent and crack down on crime and effectively curb crime.On the other hand,it will inadvertently cause the shaking of the legality of crime.Such as lowering the threshold of incrimination in judicial documents and criminalizing non-criminal acts.Secondly,the strict embodiment of the criminal policy in the current "anti-triad and anti-evil" movement,reflecting on the situation that may violate the legality of crime and punishment brought about by judicial interpretation and the identification of soft violence in judicial documents,we should also guard against the infringement of the spirit of the rule of law in the vigorous "anti-mafia and anti-evil" campaign.Finally,the excessive judicial interpretation caused by the expectation of criminal policy on penalty prevention should also be limited,that is,the excessive judicial interpretation of criminal policy should be limited through both quality and quantity.