Research On The Judicial Identification Of Network Organized Crime In China

China’s regulations on organized crime reflect a relatively narrow conceptual definition.China’s organized crime specifically refers to gang-related crimes,which is different from the previous propositions of many scholars and foreign laws.Through sorting out the legislative evolution of organized crime,it can be seen that the Anti-Organized Crime Law is a strong guarantee for the normalization,rule of law,and standardization of the fight against Mafia and evil.Therefore,Article 23 of this Law clearly stipulates the concept of cyber-organized crime for the first time and restricts cyber-organized crime to the category of organized crime in which the evil forces use the Internet as a tool,which is mainly divided into online and offline cyber-organized crime and pure online network organized crime.The difference between network organized crime and traditional organized crime mainly lies in the new development of the four aspects of the organizational characteristics,behavioral characteristics,and harmful characteristics of the evil force gangs and underworld organizations.The main manifestations are: the overall structure of the criminal organization is “cellular”;relations between members of criminal organizations have also gradually shifted to equal cooperation;the process of cyber-organized crime is segmented,and the implementation of the underlying crime changes from criminal acts to illegal acts;“Internet soft violence” has gradually become the main means of the cyber-organized crime.In the network society,the boundary of “region” and “industry” is gradually dissolved,and “Illegal control” is difficult to form.However,in the current judicial practice,the traditional organized crime identification mode is still mostly adopted,which leads to the failure of accurate evaluation and an effective crackdown on cyber-organized crime.Therefore,it is necessary to update the theory of criminal law,that is,to reduce the subjective identification standard of members outside the organizational core,make the restrictive breakthrough of the accomplice concept,the substantive interpretation of soft violence,and construct a new harmful characteristic identification mode,accurately identify the evil organizations and their members,and improve the identification of criminal crime,and to adjust the criminal policy,namely,the policy of “fighting early and fighting small” and the policy of “mutual complement between severity and leniency”,which includes “Connection of Criminal Law and Administrative Law” and “Break the capital chain”.