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Abstract: Organized Crimes Criminal Law of China in 1997 an additional charge. The establishment of this offense, the judicial practice of punishing crime syndicate to provide a legal basis. In judicial practice, the definition of syndicate this issue, say, today. According to a recent National People's Congress of legislative interpretation, the meaning of the syndicate and its related problems and characteristics of preliminary discussion. Keywords: triad gangster underworld of papers from China Union finishing. Organization, leadership, participated in the crime syndicates in China in 1997 added a new criminal offense, the offense is established, the judicial practice of punishing for the organized crime syndicates to provide a legal basis. Gangland crime is a serious harm to public security, organized crime, carried out in a recent nationwide strike hard struggle, organized crimes were classified as combat focus. In order to more effectively combat organized crimes, December 5, 2000 Supreme Court issued a practice in such cases, the correct application of law is very helpful. In judicial practice, when dealing with cases of criminal syndicate,[link widoczny dla zalogowanych], there are many issues such as: how to identify the syndicate, must have a To this end, the NPC Standing Committee on April 28, 2002 issued problem to do a more clearly defined. One syndicate with triad triad meaning that is independent of the normal society, with anti-social values, cultural psychology, and has a well-organized forms of crime groups. Under Article 294 of the first paragraph of the Penal Code provisions: triad refers to the violence, threats or other improper means to carry out organized criminal activities, dominate the party, all kinds of evil, oppressive harm people, serious damage to economic and social order of the anti-social organizations. Scholars generally believe that China's criminal law, organized crime groups, are already some signs of a triad and nature of crime, but do not yet have the full features of organized crime, are borderline between criminal groups and triad crimes, and to organized crime an intermediate form of the transition. In other words, Mafia is the primary form of triad societies or immature form, is a triad of characteristics and behavioral characteristics of a number of organizations, initially with the criminal underworld Property Organization. Gangster underworld organization is through the development of post-mature, complete the form. The basic common ground between the two is that they are both from the nature of organized crime syndicates, and have essentially antisocial. Although According to China's national conditions and requirements accordingly. Article 294 of the Penal Code in the same time,[link widoczny dla zalogowanych], there were two terms: Mafia and underworld organizations. The former mainly for the development of organized crime and the mainland made provision also reflects the legislators on the current triad of the mainland's basic estimate. The latter is mainly outside the triad of China (including Hong Kong, Macao and Taiwan triad organization) members into the development of our country's situation. However,[link widoczny dla zalogowanych], the triad and triad activities in the organizational structure and the way there are differences, the structure of triad societies more closely, more orderly criminal activity. Relatively strong economic strength, control is very strong, often have strong social background, and therefore more harmful to society. Second, the characteristics of Mafia Supreme Court's higher number, a relatively clear organizers, leaders, key members of the basic fixed, there are more strict obedience; (b) by means of criminal activities or other economic benefits, with certain economic strength; (c) through bribery, threats and other means to lure, forcing state workers to participate in syndicate activities, or to provide illegal protection; (d) within a certain region or industry, violence, threats, harassment and other means, wantonly engaged in extortion , dominate the market, gather together to fight, disturb, intentional injury and other criminal activities, serious damage to economic and social order. The NPC Standing Committee 刑法第二百 ninety-four the first paragraph of the , a clear organizer, leader, key members of the basic fixed; (b) an organized criminal activities, or through other means to acquire economic interests,[link widoczny dla zalogowanych], have a certain economic strength to support the activities of the organization; (c) violence , threats or other means, and organized criminal activities carried out many times, non-evil, bullying and harming the masses; (d) through the implementation of criminal activities, or the use of national staff of the harbor or the connivance of the bully, in a certain area or industry, the formation of illegal control or significant influence, serious damage to economic and social order. Just a little analysis, In judicial practice, according to the latest legislative interpretation and Mafia organizations shall have the following characteristics: 1, organizational characteristics. Organizational feature is the most essential Mafia, the most distinctive feature, its organizational structure more closely. First, a clearer organizers, leaders, key members of the basic fixed, clear division of labor among members of that organization; followed by the performance of relatively large number of a certain size; also showed a more strict organizational discipline, and clearly defined penalties on violators. As long as several characteristics with the above, whether organized name, written charter, fixed venues, as long as the group have a more clear simple or cumbersome, that the establishment of the features. 2, economic characteristics. Mafia put through the criminal or other means to acquire economic interests, with a certain economic strength, some or considerable economic strength is its organization of the operation and maintenance of necessary violence, it is also the basis for existence and development. It has a stable source of income, or through the organization of illegal goods, services, profits; or through violent crimes such as robbery, extortion, collecting protection fees; or the money laundering area to the infiltration of legitimate business and so on. Accumulating wealth by illegal means as long as, or by other means to obtain certain economic interests, even if the current economic strength is small, should be identified with the feature. 3, characterized by violent acts of destruction, anti-social order. That is, violence, threats or other means, and organized criminal activities carried out many times, non-evil, bullying and harming the masses; or dominate the party, in a certain area or industry, the formation of illegal control or significant influence, serious damage to the economy, social order. Here how to understand As long as there is to be determined constitute illegal activities of organized crime syndicates? Or other specific criminal acts must be found to constitute a crime syndicate? The latest legislative interpretation on this issue did not make clear response. Some scholars believe that the legislators out of the underworld organization in the bud considerations, reduced the composition of gangster crime requirement that is not required to be implemented syndicates are acts constitute a crime, but also includes general We believe that an organization is only implemented if the offense does not carry out criminal acts, can not be established syndicate. Penal Code Article 294, paragraph 1, the reason why the provisions of gangster, Engage in illegal activities, activities of criminal syndicates is an objective description, but for the establishment of syndicates non-decisive.

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