Article 294 of my country’s 1997 Criminal Law stipulates organizations、Leadership、Crime of participating in a gangland organization、The crime of entry and development of underworld organizations and harboring、The crime of condoning underworld organizations,In 2002 and 2011, the four constituent characteristics of underworld organizations were stipulated through legislative interpretations and amendments。However,Even with such clear provisions in legislation and multiple judicial interpretations、Concrete clarification of the meeting minutes,bet with bet365 also does not solve the confusion and application disputes about the underworld (nature) organization。
From the perspective of phenomenon,"Underworld Society" is also a kind of "society"。Society,As people on a particular land for the common good、The phenomenon of a collection of values and goals,There are mainstream societies and non-mainstream societies。So-called mainstream society,That is, "society" in the narrow or usual sense,refers to through custom、Habit、Religion、Law、Social norms such as morality impose constraints on the behavior of individuals and groups,A social organization aiming to achieve harmonious coexistence and stable development。As the "underworld" (a term used in daily or informal situations) that opposes mainstream society and brings harm to bet with bet365,Usually called "underworld (nature) organization" in formal occasions or normative texts)。
On the one hand,Also called "society" because of its vast scope of control。Accordingly,Those who carry out illegal control through illegal and criminal activities,But because it does not have a broad scope of illegal control, bet with bet365 a "social" criminal organization (criminal group),such as MLM group、Smuggling Group、Fraud Group、Gambling Group,Just ordinary organized crime,None of them are underworld organizations;Those who have a certain range of control,But because its activity scope is limited to a certain community、A certain village、A certain vegetable market、Certain noodle restaurants、A certain coal mining area、Limited area such as a certain highway,Village bully who has not formed "social" illegal control、Caiba、Mianba、Coal Tyrant、Roadhog and others,Usually just evil forces,They are not gangster organizations;Only social organizations that “domesticate one party” in a certain area or industry and have illegal control scope and impact or harm to a “social” level,bet with bet365 the "underworld (nature) organization"。On the other hand,Because of its operating system independence relative to mainstream society、Confrontation with mainstream society and illegality in the legal sense,This so-called "society",bet with bet365 a "'underworld' organization" outside the mainstream social operating system。Accordingly,Those who are part of the operating system of mainstream society or actively integrate into mainstream society、Legal "social organization",such as industry association、Social groups、Civil autonomous organizations、Civil mutual aid organizations,Although there is also a vast scope of control,But because it operates within the operating system of mainstream society and is not confrontational with mainstream society,Neither "gangster" nor "gangster (nature) organization"。 Therefore,The above "black" of "gang society",It’s not so much the “underground nature” and “illegality” of its confrontation with mainstream society,bet with bet365 better to say that bet with bet365 his anti-people character that oppresses and harms members of mainstream society。This kind of anti-people character,bet with bet365 the underworld (nature) and the essence of the organization,bet with bet365 also a regulation、Understand and apply the essential elements of its constituent characteristics。
Triad (nature) organization,From a formal point of view,bet with bet365 due to the politics of fighting against mainstream society、Economy、Illegal organizations that operate “underground” and are cracked down by laws and other systems,In substance,Because its existence and operation subvert "justice" and oppose "the people"。Those underworld (nature) organizations that ignore the legal provisions and justice of mainstream society,Not only violence、Threat means,Control certain industries、Social members and organizations in a certain region,Establish an illegal order that is opposed to the legal social order that conforms to class interests,And by its members、Legal social members and a certain industry、Control of a certain area,Come to fight、Weakening the legal control of mainstream society,Making its damage to mainstream society and its members comprehensive: not only shaking the foundation of society,It also damages the belief of social groups。Furthermore,Those do not represent "justice" and "people",Hegemonists who frequently use power or even force to interfere in the internal affairs of other countries or even overthrow the regime of other countries for their own selfish interests,Relative to the entire human society (global society),bet with bet365 a "gangster" or even a "gangster" in the true sense。
If only “black” and “evil” are regarded as the main lines of development of evil forces and organizations,The typical development trend of evil forces and organizations is "evil gangs → evil criminal groups → underworld organizations → underworld organizations"。The first is the "evil force" gang。This is the most elementary form of evil crime。Its anti-people character is mainly reflected in,Some people in small groups,Often get together,With violence、Threats or other means,Repeatedly commit evil acts in smaller areas or industries in smaller areas and disrupt the economy of these areas or industries、The order of social life and activities that have a relatively bad social impact "oppressing the people"。Accordingly,In this case,Because of being oppressed、Hazard、The scope and degree of influence are relatively small and the anti-people character is also relatively small。But if not punished in time, bet with bet365 will gain momentum and develop into a vicious criminal group or even a mafia-type organization,Therefore, they must be punished in accordance with the criminal policy and corresponding provisions of the criminal law of "hit early and hit small".。
First,If suspected of committing a crime,Those who meet the conditions for joint crimes shall be punished as joint crimes,Those who do not meet the conditions for joint crime but constitute a single crime shall be punished as a single crime;If not suspected of committing a crime,Then bet with bet365 will be administrative according to the corresponding situation、Penalized by civil and other laws and regulations or industry standards。
Secondly,Evil criminal groups usually develop from evil gangs that gain momentum,If it continues to gain momentum, it will develop into a mafia-type organization。Its anti-people character is mainly reflected in,More than 3 organization members,Often gathered together in the form of criminal organizations,With violence、Threats or other means,Habitually commit non-evil crimes in smaller areas or industries in smaller areas and disrupt the economy of these areas or industries、The order of social life and activities that have a relatively bad social impact "oppressing the people"。Accordingly,In this case,On the one hand,Because of being oppressed、Hazard、The scope and degree of influence are relatively smaller than those of underworld organizations and their anti-people nature is also relatively small,But on the other hand,Because bet with bet365 already an evil criminal group, bet with bet365 slightly more anti-people than the evil group。For this case,According to the corresponding provisions of the criminal policy and criminal law for the treatment of evil crimes and crimes of "hitting them early and hitting them young",In direct accordance with the corresponding crimes in the criminal law and the corresponding provisions on criminal groups in the general provisions of the criminal law (for establishing a criminal group), severe punishments may be determined (for establishing an evil force)。
AGAIN,The anti-people character of underworld organizations is mainly reflected in,With violence、Threats or other means,Organized illegal and criminal activities,Dominate one side、Doing evil and "oppressing"、Cruelty to the masses”。Obviously,The anti-people character here is much greater than that of evil gangs and criminal groups。To this,Article 294 of my country’s 1997 Criminal Law and subsequent revisions have made relatively complete provisions on it,And specifically according to its organization、Subjective viciousness of leaders and participants,Especially its anti-people character,Not only stipulates severe penalties and punishments of different severity,And bet with bet365 even more subjectively vicious、The more anti-people "black boss" has stipulated restrictions on commutation、Parole and other social defensive measures。
Finally,The underworld organization is the mature form of the underworld organization and the advanced form of the evil force。The development and formation of this form is more complicated,bet with bet365 may be formed by the primary form of black forces gaining momentum,bet with bet365 may also be developed from "gangsters" etc.。But no matter what the source of development,Their anti-people character is relatively large。To this,Except those who use force everywhere in the world under the banner of so-called "democracy"、Excluding hegemons who use coercion and other methods to oppress nation-states,For other types of underworld organizations,Almost all governments have focused their efforts on cracking down。
(The author is a professor at the School of bet with bet365, Southwest University of Political Science and bet with bet365)
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