Study On The Characteristics Of Corporate Underworld Organization Cases

With the continuous development of our country’s social economy,the organization form of underworld organizations is also evolving,presenting a new trend of corporate development.The new characteristics of corporatization of management structure,diversification of business model and soft violence of criminal behavior in corporatization of underworld organizations bring new problems and challenges to the judicial identification of underworld organizations.From "Liu Mousong et al.,organizing,leading,and attend the underworld organization","Chen et al.,organizing,leading,and attend the underworld organization" and "Guan Mouhong et al.,organizing,leading,and attend the underworld organization" the three sample case,the current judicial organs mainly from the organization characteristic,economic characteristic,behavior characteristics,harmfulness,these four aspects to that corporate underworld property organization to maintain,but due to the relevant laws and regulations is relatively fuzzy,and other regulatory documents between conflict and even repeatedly,academia and practice of four characteristics of the problem there are many differences.Based on a sample case of controversy over the four characteristics that focus on summary and analysis of the corporate the cognizance of the underworld property organization needs to pay attention to the following: First of all,it is necessary to distinguish the corporate organizations involved in crime from the companies involved in crime.Secondly,in order to prevent the artificially enhanced treatment in the special struggle against black and evil,the recognition criteria should be strictly grasped when identifying the four characteristics.For example,in terms of organizational characteristics,the number of people should be more than 10 and the duration of the organization should be at least half a year.In terms of economic characteristics,it is necessary to distinguish black-related economic interests from non-black-related economic interests,organizational economic interests from individual economic interests,and the economic strength should meet the standard of supporting organizational activities.In terms of behavior characteristics,we should pay attention to the grasp of organization and violence.In the aspect of harmfulness characteristics,it should be identified as the standard that illegal control has been formed,or that it can have a large intervention or influence on a certain area or industry although it has notreached the level of illegal control.Thirdly,when the first three characteristics are in doubt,the harmfulness characteristics should be taken as the essential characteristics for the overall consideration to ensure the accuracy.