Judicial Determination Of The Crime Of Participating In Underworld Criminal Organization

The crime of participating in gangland criminal organization is one of the common charges that the judiciary has cracked down on the evil forces to identify the personnel in the case.Participants in the underworld organizations also account for a large proportion.Therefore,the study of the criminal organization of the criminal organization is conducive to the realization of the criminal law regulation,protection and guarantee function,and at the same time,it can minimize the impropriety of penalty discretion so as to achieve the organic unity of the three legal,political and social effects.Apart from the introduction and conclusion,the text is divided into three parts,about 15000 words:The first part is the empirical analysis of the judicial documents(participants)of the L City Court in S province.In this paper,18 sample cases are summarized,and by extracting the same factors and analyzing the difference factors,we can find out the structure of the accused,the identity of the accused,and the specific characteristics of the accused.Combing the specific characteristics of the criminal organization and the disputes in the trial process of the people’s court in the sample area,the author puts forward the criteria for the identification of the crimes committed by the underworld organization and the main legal issues in the judicial practice.The second part is the theory of criminal law of this crime.This part mainly discusses three aspects: first,the concept and characteristics of the criminal organization.Secondly,the constitutive requirements of this crime are analyzed: the object of the crime,the identification of participation behavior,the subjective type and the subjective intent.Finally,the transformation of participants’ status and status,including the transformation of participants and other participants,the transformation between participants and other personnel in criminal gangs.The third part is the judicial determination of the participants in the crime.This section discusses participants in crime related to gangs,divided into active participants and other participants(also known as general participants),the criteria for the identification of the two,and the distinction and connection between active participants and backbone members,and the difference between other participants and mobile members,determination of discontinuation of crime and exclusions.