Identification Of Underworld Organization Characteristics

At the end of 2021,the anti organized crime law was issued in time,which shows China’s determination and confidence in resolutely cracking down on underworld and evil forces.It is recognized that the criminal organization is the basis for combating gangland criminal organization."Criminal organization" is a unique concept of criminal law in China,which is significantly different from other organizations and criminal groups.With the development of the times,the criminal organization of "Underworld Organization" has become more diverse and its constitution has become more diverse.In practice,various organizations have produced more different forms of expression,and it is more complicated to identify them.This article takes the organization characteristics,economic characteristics,behavior characteristics and illegal control characteristics of criminal organization as the starting point,and focuses on the problems and suggestions in the four characteristics identification.By grasping the characteristics,identify the "bull nose" and put forward suggestions to solve the problem.This paper is divided into five chapters.The structure and content are roughly as follows:we will discuss some basic issues about the criminal organization.The first chapter is divided into two sections.The first section is the basis of this study,and the concept and characteristics of the criminal organization.Because the theory and practice circles are hard to provide precise and concise concepts for the underworld organizations,this section focuses on the conceptual discrimination,especially the discrimination between the criminal organization and the criminal organization.The second section discusses the relationship between the four characteristics from the perspective of relationship theory.The second chapter discusses the organizational characteristics.It is divided into two sections.The first section is the concept and constituent elements of organizational characteristics.The second section expounds the problems existing in the identification of organizational characteristics,analyzes and studies the problems mentioned in Section 4 of Chapter 1,and gives solutions.Meanwhile,this section also studies another question,that is,whether the number of illegal activities committed by members in the Underworld Criminal Organization will affect the identification of the members of the organization.And put forward the conclusion that the number of participation will not affect the identification of organization members.The third chapter discusses the economic characteristics.The first section of this chapter is the concept and constituent elements of economic characteristics,which are mainly profit-making means,economic strength and profit-making purpose.The second section discusses the problems existing in the identification of economic characteristics.It is precisely because of the double profit making purpose that the economic benefits of the criminal organization are often used to "feed back" the organization itself,so this paper studies the typical "feeding back" behavior.The property involved in the case is related to the identification of illegal income.Therefore,in determining the economic strength of the criminal organization,it is necessary to determine the property scope of the organization and determine which assets belong to the organization.In 2021,the anti organized crime law was promulgated,which puts forward the "highly possible" standard for the disposal of property involved.This paper closely follows the rhythm of legislation and expounds the application suggestions for the understanding and practice of the new law.The fourth chapter discusses the characteristics of behavior.The first section is the concept of behavior characteristics and three ways of expression,including soft violent crime,violent crime and other illegal and criminal acts,which are discussed and defined respectively.The second section focuses on the problems related to the identification of "soft violence".Including how to identify soft violence,that is,integrate cases to illustrate the distinction between soft violence and traditional means of violence.This section also mentions how to make the identification of "dominating the party,committing crimes,bullying and maiming the people",and puts forward its own views on the identification.The fifth chapter discusses the characteristics of illegal control.The first section is the concept of illegal control characteristics and its two manifestations.The second section discusses two problems in judicial identification.One is whether "certain area" includes cyberspace,analyzes the proposal of the new concept of "network underworld",and puts forward the view that cyberspace can not be simply identified as "certain area".The two is to define clan power and criminal organization,and think that the clan organizations that have already infiltrated the grass-roots political power can be generally identified as a criminal organization.