黑社会性质组织犯罪认定问题分析the underworld property organization crime problem analysis.pdfVIP

Study on several problems of the crime of the underworld organization Abstract Since the founding of new China， the underworld organization on the true meaning of the nearly extinct in the mainland. But since around 1980 ，with the underworld property organization has transformed form appeared ，and with the development of economy is growing trend. Because of this organization is not the true sense of the underworld，but it has a very serious social harm，the legitimacy of public institutions caused tremendous damage ， caused by the infringement of social，moral order and justice ，affects the safety of economic development， threatening the stability and security of society ， so it is called quot; the underworld property organization quot;. So for this kind of crime should be severely hit ， but the judicial practice in the process of continuous anti anti black has burst outmany ，in our country， the crime of the underworld organization legislation is not perfect ， is analyzed according to the number of disputes in practice ，more and more questions and put forward their point of view. In the subjective aspect ，behavior person should have direct intention ，and the nature of action need to “knowingly “，but ， for the behavior of participation in organized crime people for participating organisation nature need not explicitly know; nature by knowing the implementation of the act ，can infer its should know，at the same time ， shield，connive in “knowingly “should be extensive interpretation，namely the behavior people only need to know its harbor ， condone illegal and criminal behavior of. In the objective aspect of “illegal control “，the organization with underworld society nature ways to achieve “illegal control “only include: implementation of the illegal