Anti -people is the essence of the triad (nature) organization
January 05, 2022 09:31 Source: "Chinese Social Sciences" January 5, 2022 Total 2323 Author: Shi Jinghai

Article 294 of the Criminal Law in 1997 stipulates the organization、Leaders、Participate in the crime of participating in the underworld、Entry -developed triad organization crime and shelter、Concentricular of the triad organization crime,And in 2002 and 2011, the four constituent characteristics of the triad organizations were made in legislative interpretation and amendments。But,Even if there is such a clear text and multiple judicial interpretations of legislation、Specific clarity of the Ministry of talks,It has not solved the confusion and application of the understanding of the underworld (nature) organization。

From the perspective of phenomenon,"Underworld Society" is also a "society"。Society,As a person on a specific land for common interests、The phenomenon formed by the values ​​and goals,There is a division of mainstream society and non -mainstream society。The so -called mainstream society,"Society" in a narrow or common sense,refers to through customs、Habit、Religious、Law、Social norms in morality and other aspects of the behavior of individuals and groups impose restraints,Social organizations to achieve the purpose of harmonious coexistence and stable development。As a "underworld" that is relatively resistant to the mainstream society and brings it to it (is a title of daily or informal bet365 best casino games occasions,It is usually called "underworld (nature) organization" in formal occasions or specifications)。

On the one hand,The vastness of its control range is also called "society"。Based on this,Those through illegal and criminal activities illegally control,But because there is no illegal control scope of "social" criminal organization (criminal group),Ru MLM Group、smuggling group、Fraud Group、Gambling Group,It's just an ordinary organized crime,None of the triads (nature) organizations; those who have a certain range of control,But because of the scope of its activity, it is only limited to a community、A village、A vegetable market、A few noodle restaurants、A coal mining area、A limited area such as a highway,Village hegemony that has not formed "society" illegal control、Caifu、Face Tham、Coal tyrant、Road fighter, etc.,Usually it is just the evil forces,It is not an underworld (nature) organization; only the scope of illegal control and its influence or harm of "in a certain area or industry" and "dominant one" and the "social" level,is the "triad (nature) organization"。On the other hand,Because of its independence of operating system relative to the mainstream society、The confrontation and illegality of the legal sense with the mainstream society,The so -called "society",It is the "Black 'Society (Nature) Organization" that is outside the mainstream society's operating system。Based on this,Those as part of the operating system as the mainstream society or actively integrate bet365 live casino games into the public society、Legal "Social Organization",As an industry association、Social Group、Folk Autonomous Organization、Civil Aid Organization,Although there is also a vast range of control scope,But because it runs and does not have confrontation with the mainstream society in the mainstream social operation system,None of the "triads" and "triad (nature) organization"。 Therefore,"Black" above "underworld",Rather than the "underground nature" and "illegality" of confrontation with the mainstream society,It is better to say that it is the anti -people's anti -people's resistance to the members of the mainstream society。This anti -people,It is the essence of the triad (nature) organization,Also regulated、Understand and apply the substantive element of its characteristics of its composition。

Underworld (Nature) Organization,From a formal perspective,It is due to politics against mainstream society、Economy、Law and other systems that run in "underground" and are hit illegal organizations,In essence,In the existence and operation, the "justice" is disrupted by the "justice"。The legal provisions of those mainstream society and the triad (nature) organization that is ignored by justice,Not only use violence、Threat means,Control a certain industry、Social members and organizations in a certain area,Establish an illegal order that is relative to the social order that complies with the legal interests,And through the members of its organization、Members of legal society and an industry、Control in a bet365 Play online games certain area,Come to fight、Weaken the legitimate control of the mainstream society,It is comprehensive for the destruction of its mainstream society and its members: not only shakes the foundation of society,It also damages the belief of the social group。In short,Those do not represent "justice" and "people",Under the use of power or even force to interfere with other domestic politics and even overthrow the power of other regimes in order to selfish their own interests,It is compared to all human society (global society),is the real "gangster" or even "underworld"。

If only "black" and "evil" are the main line of development of the trend of the evil forces and the organization,The typical development trend of the evil forces and organizations is "evil forces gangs → evil forces criminal group → underworld organization → underworld organization"。First is the "evil forces" gang。This is the initial form of crime of crime illegal illegal。Its anti -people is mainly reflected in,Some people of three or five groups,Frequent gathering together,Violence、Threat or other means,The economy of non -evil and disrupting these areas or industries in industries in small or small areas、Social life order and a harsh social impact activity "oppress the people"。Based on this,In this case,Due to the opposite object、Harm、The scope and degree of influence are relatively small and anti -people's nature is relatively small。However, if you do not get punishment in time, you will have a great potential and develop into a criminal Bet365 app download group or even an underworld organization,Therefore, it is necessary to punish the criminal policy and criminal law of the criminal governance of "hitting early"。

First,If you are suspected of crime,It is punished for a common crime that meets the conditions of common crimes,It is punished by a single crime that does not meet the condition of common crime but establishes a single crime; if it is not suspected of crime,According to the corresponding situation, according to administration、civil and other laws and regulations or industry specifications shall be punished。

Next,Evil Forces Criminal Group usually develops from the great gang of evil forces,If you continue to sit in a big potential, it will develop into an underworld organization。Its anti -people is mainly reflected in,3 or more organization members,Frequently gathers together in the form of criminal organizations,Violence、Threat or other means,The economy is commonly implemented in industries in small or small areas to make crimes non -evil and disturb these areas or industries.、Social life order and a harsh social impact activity "oppress the people"。Based on this,In this case,On the one hand,Due to the opposite object、Harm、The scope and degree of influence is relatively small than the triad -nature organization, and its anti -people is relatively small,But on the other hand,Because it is a criminal group, it is slightly larger than the anti -people's anti -people in the gang of evil forces。For this situation,Criminal policy and criminal law of criminal governance of "hitting early" in "hitting early",The corresponding charges of the criminal Bet365 lotto review law and the general rules of the criminal law on the corresponding provisions of the criminal group (due to the establishment of a criminal group) shall be determined to be punished (due to the establishment of evil forces)。

again,The anti -people's anti -people in nature organization in the triads are mainly reflected in,Violence、Threat or other means,Organizational illegal and criminal activities,dominant one、For non -evil "oppression、The Mass "。Obviously,The anti -people here is much larger than the evil forces gangs and criminal groups。For this,Article 294 of the Criminal Law in 1997 and subsequent amendments to it has made a relatively complete regulations,and specifically according to its organization、Subjective malignancy of leaders and participants,Especially its anti -people is different,Not only stipulates that severe severe punishment and punishment,And it also has greater subjective malignant、The "Black Boss" with stronger people's abnormalities stipulates that restrictions are limited、parole and other social defense measures。

Last,Underworld organizations are mature forms of underworld organizations and advanced forms of evil forces。The development of this form is more complicated,It may be formed by the primary form of the black forces and the potential,It may also be developed by "gangsters"。But no matter what kind of development source,Its anti -people's nature is relatively large。For this,Except for those so -called "democracy" banners in the world with force、Stronger and other means to oppress the hegemonicist of the nation -state,For other Bet365 app download types of underworld organizations,Almost all governments of various countries will focus on strikes。

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Editor in charge: Chen Jing
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