On The Organizational Characteristics Of Mafia-type Organization

Mafia-type organization is the advanced form of generalized organized crime.When identifying Mafia-type organization,the logical starting point and center is organization.Only on the basis of establishing criminal organization,can we further identify the establishment of Mafia-type organization.Therefore,the logical starting point and main line of the identification of organized crime of mafias is the identification of organization,and the identification of organization behavior and members should also be identified from the dimension of the organization.However,through the analysis of judicial practice cases in Hainan,especially the case of Wu Zonglong,it is found that there are deviations in practice,which equate organizations with organizers and leaders,and the identification of organizational characteristics is superficial.The identification of organizational behavior is not based on the interests of the organization under the command of the organization,but on whether members of the organization participate in the identification of organizational members,and not on the role of members to the organization,but through the close relationship with the organizer and leader.This article starts from the concept of organizations in the nature of criminal syndicate,the infringement of legal interests says the social harm of this crime.Through the interpretation function of legal interest,this paper interprets the organizational characteristics of mafia-like organizations,and holds that the characteristics of mafia-like organizations should be recognized comprehensively based on the existing organizational structure and the functional system of the organization.Causality,as an element of imputation for a crime,should also be imputed from the Angle of legal interests infringed by the crime,as a standard for defining the identity of organization members...