On The Determination Of The Act Of Participation In Underworld Organization Crimes

The fight against organized crime is a "protracted war".Regularly carrying out rectification activities has put forward new requirements for the fight against underworld crime in China.As the most important part of the fight against underworld organization crimes,the understanding of it should be more in-depth and practical,and the ambiguity should be refined.Moreover,the diversified forms and complicated personnel of underworld organization crimes highlight the participation behavior that has been ignored in the past.The participation behavior of underworld organization crimes is the most common criminal behavior with the most people involved in crimes involving mafia.In order to achieve new breakthroughs and achieve new results,the interpretation and research of participation behavior is of great significance.However,the previous lack of attention to participation behavior and the vagueness and abstraction of recognition in legislation and justice also need to solve these existing problems.This article will elaborate on the concept and scope of participation behavior,the characteristics and identification of specific participation behavior,and the situations that do not belong to participation behavior.The first part of this article is an introduction.First of all,it introduces the background of the current normalization of crime eradication and introduces the significance of this topic.Then,through the relevant documents and judicial interpretations issued in recent years in China to punish underworld organization crimes,we sort out the timeline,summarize in detail the changes and development of the rules on participation behavior in underworld organization crimes during this period,and then propose the existing problems to show the existing discussions on participation behavior in the academic community.The second part of this paper focuses on the analysis of the concept of participation in underworld organization crimes and the determination of the scope of participation.Firstly,based on the meaning of "participation" in the current criminal law,the specific meaning of participation and its scope are sought from the connotation of criminal law,and participation is divided into participation in a certain organization and participation in a certain activity.Secondly,according to the above explanation,for the underworld organization crimes,it is proposed that it also includes two kinds of participation,which are the act of participating in the underworld organization and the act of participating in the specific crime committed by the underworld organization,and the specific situation in the two kinds of behavior is subdivided.The third part of this paper focuses on the identification of the act of participating in the underworld organization.From the beginning of the discussion of the behavior of participating in the underworld organization has two characteristics of subordination and stability,explain the specific connotation of the two characteristics.Secondly,based on its two characteristics,the objective and subjective criteria for the act of participating in a underworld organization are clarified.Finally,we discuss the problem of repeated evaluation in the act of participating in a underworld organization,and explain the controversy among them by introducing the three views of negation,affirmation and exception in academic circles,and put forward the viewpoint of this paper: negation,this paper believes that the act of committing a specific crime is only a characteristic of the act that affects the establishment of the organization,it is not a constitutive act of the crime of triad organization,and cannot be considered as a violation of the principle of prohibiting repeated evaluation.The fourth part of this paper is mainly for the identification of the specific crime committed by participating in the underworld organization.The first is an explanation of the nature of the act,showing that it actually belongs to the general common crime.Secondly,it discusses the two characteristics of the act of participation,which are temporary and loose,and explains the specific connotation of the two characteristics.Finally,the objective and subjective criteria of the act are explained,and it is made clear that the act of neutral assistance does not belong to the act of participating in the specific crime committed by the underworld organization.