我国的有组织犯罪和毒品犯罪(一)
Organized Crime and Drug Problems in China:PART Ⅰ:The Specific Provisions and Their Judicial Practices on Organized Crime
任筱锋
【关键词】organized crime;drug crime;criminal law
【全文】
Introduction
One of the most serious threats to the public security in many countries is that of organized crime or joint crime.The social harmfulness it carries out is eradicational, therefore,searching for its peculiar characteristics,formulating more effective crime preventive measures and criminal justice policies for the fight against it,and implementing relevant laws are urgent tasks for criminal justice administrative department and criminal justice policy researching institutes. In order to exchange information with colleagues here,the following passage states some of the peculiarities of organized crime in China,and some judicial practices against it.
Organized crime is actually the“joint crime” in criminal law of P.R.China.“Joint crime” refers to any intentional crime committed by two or more persons jointly.The circumstances of joint crime may have two stages:common joint crime and criminal groups;organized crime shall refer to the later accordingly.
Ⅰ·The General Situations and Types of Criminal Groups in China Since l949
A short period after l949,there were many criminal groups left from the old society. Through our constant efforts of uprooting, they had been completely broken down. From late l970’s as we carried out the policy of opening to the outside world,criminal groups,especially large numbers of hooligan groups began to reappear in the society. They were gravely destroying both public and private properties, creating disturbances, humiliating women or engaging other hooligan activities.Chinese criminal justice departments have been carrying a constant fight against those criminal groups. Since then,the organized crime activities of criminal groups are under full control of the law.From the experiences recent ten years we conclude that: