Research On The Crime Of Organizing,Leading And Participating In Underworld Organizations

With the successful conclusion of the special campaign of "sweeping gangsters and eliminating evil",a large number of gang-related organizations have been purged.The crime of leading and participating in a gangland organization has once again become a hot crime studied by scholars."Criminal Law" provides for this crime,after the "Criminal Law Amendment（VIII）",the content is more hierarchical and scientific,and the relevant judicial interpretations are more detailed,but there are still systemic deficiencies and different judicial application standards.The problem.On the basis of the existing theory,the following is an analysis and research on the crime composition,special crime form,sentencing and other aspects of this crime based on some controversies existing in the academic and judicial practice of this crime,in order to provide a better understanding of the crime.The development of related theories has made progress.Specifically,it starts from the following aspects: First,underworld organizations have four characteristics,namely,stable organization,economic strength,violent and illegal means,and illegal control.These four characteristics are also the basis for its judgment to distinguish it from similar criminal organizations such as underworld organizations and terrorist organizations.Secondly,the criminal object of this crime is the social public order.The objective aspect of this crime is the conduct of organization,leadership and participation.The "Criminal Law" stipulates that the subject of this crime is the general subject,and can be divided into organizers and leaders,active participants,and general participants according to social harm and personal danger.The subjective aspect of this crime is direct intention.Again,this sin has no unfinished form.When this crime is committed and other criminal acts are committed,the "several crimes theory" should be adopted.State functionaries who commit this crime and at the same time conceal and condone acts should also be punished for several crimes.Finally,"combining leniency with strictness" is the sentencing principle for this crime.When evaluating the meritorious deeds and recidivism of organizers,leaders,and participants,this principle should also be adhered to and treated differently.