Identification On The Illegal Control Feature Of Mafia-style Organization

Since the publication of the “Notice of the Central Committee of the Communist Party of China and the State Council on Carrying out the Special struggles against mafia-style organizations and Evil forces”,the identification of mafia-style organizations in the special struggles against mafia-style organizations and Evil forces has become a hot and difficult issue in judicial practice.This paper will base on the conference minutes and judicial documents promulgated in recent years,analyzing the general expansion trend of the identification of illegal control characteristics of mafia-style organizations,clarifying the nature of mafia-style organizations,highlighting the direction of identification,essentially explaining the characteristics of illegal controls,and constructing a systematic judgment model and negative testing regulations of illegal control characteristics.The first chapter of this paper expounds the problem of excessive expansion in confirming illegal control features of mafia-style organizations.First,through the judicial interpretation and the theoretical interpretation of the minutes and the theoretical explanation,we can use the expansion of the “certain area” delineation,the expansion of the “certain industry” boundary,the expansion of the degree of control(generalization in the direction of “significant influence”)to portraying the general expansion of illegal control characteristics identification.Secondly,through the analysis of “severe punishment according to law” policy and the case handling ideas of “hit early and deal with small group”,the criminal policy guidelines for the expansion of illegal control features are revealed.The second chapter starts from the nature of mafia-style organizations,first we should reviewing existing theories,reflecting on the legal benefits of a stable and peaceful economic and social order in real space and in cyberspace,and clarifying the uncertainty and disqualification of public security legal benefits.Then it will lead to collective legal interest like effective management and control of society.In order to testify legal interest like effective management and control of society,this article starts with the level of social management,demonstrates the differences between fundamental management and other general management.Then this paper further elaborates on the substantive wrongful connotation of organized crimes.The third chapter mainly deals with the identification and explanation of illegal control features.In the direction of identification,we should adhere to the natural choice of narrowing down the identification and clarify the system positioning of illegal control features as essential features.Regarding the specific explanation of the characteristics of illegal control,the “certain area” should have a clear limit of size in terms of functionality,scale,and openness.The “certain industry”,which does not need adhere to the “same industry”,should also include different industries,illegal industries,and “consumer groups”.“Illegal control” focuses on explaining the essential characteristics of mafia-style organizations from the perspective of objective domination of individuals and groups,while “significant influence” is more inclined to psychologically deter the masses,enterprises,institutions,and government agencies in describing the control status.The “significant influence” that mafia-style organizations can release depends on the realization of “illegal control”,both of which embody the essence of domination and they are manifested in eight specific situations.The fourth chapter aims to establish the rules for judging the characteristics of illegal control.First of all,we should point out the practice deviation of illegal control feature identification: the simplification of internal control identification and the patchwork of external control identification.At the same time,it should emphasize the overall judgment with illegal control characteristics as the core,and adheres to the methodology of overall identification and layered thinking.In terms of negative inspection rules,supported by real cases,it is clear that a loose organization cannot form illegal control.legal management authority is not the basis for identifying the characteristics of illegal control.The unity of illegal criminal acts can’t form illegal control.Accidental conflicts with a cause can’t form illegal control.We should carefully determine the role of illegal debt collection activities in the formation of illegal control.The defendant peacefully negotiates to resolve disputes should rule out illegal control.