| Organized crimes of triad nature,as the crimes to be cracked down at home and abroad,if not punished in a timely manner,will cause damage to the personal safety of citizens and greatly disrupt the normal social order of the country.China has conducted research on triad organizations for a relatively short period of time.At the beginning,it did not form a unified understanding.In fact,there are still disputes on many issues.In terms of legal norms,China only made preliminary provisions on the concept and characteristics of triad organizations in the Criminal Law for the first time in 1997.In order to facilitate the identification of triad organizations,the four characteristics of behavioral characteristics,economic characteristics,organizational characteristics and harmful characteristics are specified for specific identification,and some related legislation,legal interpretations,and various documents that have also been promulgated by China later are gradually improved Stipulates the organization of triad nature.However,in the specific cases of identifying triad organized crimes in practice,there are still problems such as difficult identification,difficult judgment,and difficult law enforcement.In terms of legislation,it is manifested as the vagueness of the Criminal Law in identifying its characteristics.In judicial practice,The "special campaign" strike method of organized crimes of a gangster nature is prone to being identified as high.Therefore,the legislature should give a clearer expression of the concept of triad organizations in terms of legislation,and form a clearer identification standard to guide practice.It is advisable to continue to summarize specific cases in practice in judicial practice and pass laws in specific cases.The summary of application and practical treatment will improve the public security judicial organ’s grasp of the legal recognition standards of "triad organizations" in the identification of crimes of triad organizations.The article discusses this issue from three parts.The first chapter is an overview of the triad nature organization,the main content includes the conception and development,the specific analysis of the four characteristics of the triad nature organization and the specific application of the four characteristics in practice,the triad nature organization and the general criminal group comparison And comparison with evil forces.Chapter 2 discusses the problems in the identification of triad organizations.Inthe legislation,due to the lack of existing legal norms,the definition of the concept is relatively vague and the description of the characteristics is relatively broad;in judicial practice,there are difficulties in identifying the organizational form of triad organizations,difficulties in proving economic sources,and harmful behaviors.The difficulty of defining and the difficulty in determining evidence in the process of trial and judgment.The third chapter explores the perfect methods for identifying triad organizations,and also elaborate from the legislative and judicial levels.Legislation should improve the existing norms,clearly define the concept and make the provisions of the characteristics more specific;at the judicial level,we must first adhere to the "fact-based and law-based" case-handling concept,and establish a reconciliation relationship with both coordination and restriction.Secondly,it is necessary to promote the judicial review of the investigative organs by the judicial organs,and finally to maintain the independence of the trial in handling criminal cases of triad nature. |
