The Dilemma Of Investigation Of Organized Crime And The Study Of Investigation

At the end of 2000,China’s first "black and evil" special struggle,17 years,from "blacking out evil" to "sweeping black and evil",from legislation,justice to policy,China’s special struggle against the forces of black evil has been constantly adjusted and changed.In January 2018,the Central Committee of the Communist Party of China and the State Council issued a "Notice on the Special Struggle against Blackness and Evil",which states that,in view of the current new trends in the issue of black-related evil,we should effectively combine special governance and systematic governance,comprehensive governance,legal governance and source governance to combat crime and anti-corruption,and the grass-roots "beating fly" Combine,combine the eradication of evil and strengthen the construction of grass-roots organizations.This is the first "black and evil" special struggle in 2000 after another nationwide special governance action,and issued "on the handling of criminal cases of black and evil forces on a number of issues" to guide.From the national level,the reason for a new round of "black-out evil" special struggle,because of the rampant spread of black evil forces.At present,the mainstream view in the theoretical circle sonof our country holds that organized crime refers to the crime of organized crime of mafia nature.The violent,covert and destructive nature of organized crime of mafia nature not only seriously affects the people’s peace of life,but also threatens the political foundation of the country and greatly erodes the security and stability of the country.Although we have now achieved fruitful results in the fight against organized crime of a mafia nature,there are still problems in many areas that require further discussion and study.This paper takes organized crime as the research field and the criminal organization of mafia nature defined in our country as the specific research object,and focuses on analyzing and exploring the investigation countermeasures to combat the crime of mafia nature organization.The text of the text of more than 30,000 words,in addition to the introduction is divided into five parts:Part Ⅰ: Definition of the concept of organized crime.In this part of the article mainly explores the concept of defining organized crime,the current international and domestic definition of organized crime does not have a unified understanding,generally broad and narrow.Organized crime in a broad sense,including triad crime and group crime,and in the narrow sense of organized crime refers only to triad crime.For domestic,the term "organized crime" has been transplanted from aforeign country,but the term is widely used in our country.In our country,the definition of the concept of organized crime is also a hundred arguments.Experts and scholars in the field of criminal law,criminology and other fields have put forward relevant concepts.In summary,there are seven representative points of view.Some scholars think that organized crime is a common crime in the sense of criminal law,and some scholars think that organized crime is a common crime with division of labor in which many people participate.Some scholars of triad nature crime,commonly referred to internationally as organized crime.In this paper,it is insisted that organized crime in the strict sense is limited to organized crime of mafia nature.That is,the criminal organization stoicism of organized crime shall,with the aim of obtaining economic or other material benefits,consist of more than three persons,with hierarchical relations and internal division of labor,and carry out criminal acts on a continuous scale.Part Ⅱ: this paper expounds the current situation of organized crime in China and the criminal characteristics of such crimes.The development of the mafia nature organization in Our country has gone through three stages: in the embryonic period of the late 1970 s to the late 1980 s,criminal gangs appeared in large numbers,in the period of centralized transformation from the early 1990 s to the end of the 20 th century,the criminal gangs were transformed into triad organizations,and the development stage of the early 21 st century to the present.Mafia nature organized crime slowly matures.presents an increasingly active trend.Although China has made great achievements in the fight against blackness,the situation of combating organized crime of mafia nature is still serious.At present,the basic characteristics of organized crime in our country can be analyzed from the following aspects.Organizational characteristics: criminal organizations have a mature organizational structure and management methods,means characteristics: at this stage,the nature of mafia organization crime has mostly realized the corporatization,enterprise,criminal activities and corporate management interwoven.Criminal means of hard violence gradually turned to soft violence.Economic characteristics: profit-making channels,industry monopoly operation.The characteristics of the umbrella: not all mafia organizations have umbrellas,but the infiltration and corrosion of the regime is increasing.In terms of the development trend of organized crime in our country.Mainly the trend of internationalization of crime and networking,the integration of these two directions,for the development of organized crime to provide more opportunities for its spread to accelerate,the degree of harm and crime increased.Part Ⅲ: The investigation dilemma and cause analysis of organized crime in Our country.The plight of organized crime investigation in China is mainly manifested in the following aspects: 1.The crime is strongly concealed,it is difficult to find clues;2.Legal and illegal cross-cutting,it is difficult to identify the crime;3.Investigation to investigate the case,it is difficult to dig deep into the crime;4.The lack of witness protection,difficult to collect testimony;5.the single source of clues,difficult to solve the case efficiently.For the cause analysis of the dilemma,This paper mainly summarizes the following reasons: 1.lack of systematic legislative examples;2.lack of normal organized crime investigation system 3.Lack of professional organized crime investigation team;4.lack of a strong platform,poor collection of intelligence leads;5.difficulty in connecting departments,insufficient joint multi-sector joint efforts;6.lack of overall control,difficult to control the overall situation;7.evidence The human protection system is extensive.These are the list and the reason analysis of the investigation dilemma.Part Ⅳ: The investigation of organized crime in China is analyzed.This chapter is mainly aimed at the current investigation of organized crime in China’s related issues,is the key chapter of this article.This is the current situation of our country,targeted to put forward the following recommendations: 1.First of all,to improve China’s current criminal legislation;2.to establish a normal investigation system;3.to build a professional investigation team;4.speed up the construction of intelligence information gathering platform.To mobilize the masses,expand intelligence sources,use secret investigation and technical investigation to collect intelligence,strengthen the screening and analysis of intelligence information and research and judgment;Including cooperation with the prosecution,supervision,customs,taxation and other departments.6.Improve our witness protection system and strengthen interregional and international cooperation in the fight against organized crime.