Study On The Characteristics Of Illegal Control Of Underworld Organization

With the deepening of the degree of opening to the outside world,our society is in a critical period of transformation at the present stage,and various systems are gradually improving.However,it is undeniable that this process of perfection will expose a series of problems in the social supervision system,which will provide the living space for the underworld organized crime.In addition,due to the gradual popularization of network technology in our country,this kind of crime has gradually extended to the political and economic fields by virtue of this favorable conditions,and its external expression has presented an increasingly complex situation,which has caused extremely adverse effects on the harmonious and stable development of our society.In order to severely crack down on these organizations from the perspective of law,the concept of "underworld organization" was first established in the Criminal Law promulgated and implemented in 1997,and the specific crime of "underworld organization crime" was created in Article 294.On January 23,2018,a three-year national campaign against criminal gangs was launched.By the end of 2020,this work has achieved substantial social effects,severely cracked down on the arrogance of domestic black and evil forces,and provided a good social atmosphere for the smooth operation of China’s economy and society.However,while we have made many achievements,there are also some problems exposed in the practical judicial practice.For example,the judicial personnel do not have a thorough understanding of some laws and regulations,and there are many subjective arbitrariness in the key factor of illegal control,which leads to the phenomenon of different sentences in the same case in some areasThis paper is based on the current implementation of the laws and regulations,combined with specific judicial practice through the use of literature analysis,induction and summary method and other methods to conduct in-depth and detailed research on the illegal control of organized crime in the nature of the underworld.This paper can be divided into five parts.The first part mainly introduces the research background,significance,research methods and innovation points of the paper.The second part is mainly aimed at the characteristics of the illegal control of underworld organizations.This paper clarifies the specific concept of illegal control in this kind of crime,elaborates and analyzes the theoretical disputes and legislative evolution on the characteristic status of illegal control in the theoretical circle.The third part mainly expounds the problems of the identification of the scope of "a certain area" and "a certain industry" in the illegal control and the unclear identification standard of "the degree of illegal control".The fourth part has carried on the detailed identification to the above unclear question.The fifth part is mainly based on the existing judicial practice to define the illegal control content of "corporatized" mafia-type organizations.It is expected to provide help for the special fight against Mafia and evil in China.