Research On The Dilemma And Countermeasures Of Underworld Organization Crimes In China

Since 1997,the criminal law first introduced the concept of underworld organization crime into the criminal code.Underworld organization crime is not a new thing in China.With the reform and opening up and social and economic development,underworld organization crime is also constantly changing,in certain regions.And within the industry seriously affect social peace and stability,and undermine the social order environment.The academic circles have conducted extensive discussions and researches on the relevant theories of organized crime,and many of the research results have been revised by the Criminal Law,the legislative interpretation of the Standing Committee of the National People’s Congress,and the judicial interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate.The adoption has provided strong theoretical support for the judicial practice of cracking down on underworld-type organization crimes.However,due to incomplete legal regulations,scholars have their own opinions on the legal characteristics and judicial determination of underworld-type organization crimes,and have argued a lot.In judicial proceedings,qualitative disputes between crime and non-crime often occur.This current situation of theoretical research and the plight of judicial practice makes us have to comprehensively review the existing legal system of crimes involving organized crimes in our country,and rethink whether the legal characteristics of the crimes identified with criminal crimes and the setting of related crimes are extended.On the basis of extraterritorial legal experience and reflection on its own legislative deficiencies,the existing disputes and omissions in legislation and judicial practice have been further improved,thereby making our judicial identification of organized crimes more organized,accurate and efficient.This article intends to compare the legal system inside and outside the country on the basis of analyzing the concepts related to organized crime in the underworld,analyze the imperfections of criminal laws and related laws and regulations in China on the characteristics of criminal underworld organizations and the establishment of supporting crimes.The insights are used for reference.