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我国的有组织犯罪和毒品犯罪(一)

  Based on the analysis of above three items,to speak succinctly,criminal groups in Chinese society are just at the preliminary stages of organized crime.It is a matter for rejoicing that the criminal groups like some in other countries have not yet formed.But,because of the constant infiltrations of international criminal groups,the chances and the possibilities for those big-time criminal groups in Chinese society to come into contact with the criminal groups abroad increase constantly,especially as those international drug trafficking groups try to make China an important passage way.It is estimated that the criminal groups at home and abroad have a certain degree’s contact with each other. Thus the situation should be taken seriously.
  Ⅱ The Laws on Organized Crime
  1.The General Provisions of Criminal Law of P.R.China
  According to general provisions of the criminal law,criminal group is the advanced form of joint crime.Article 22 reads:“a joint crime refers to an intentional crime committed by two or more persons jointly” and article 23 confines a principal criminal to any person who organizes and leads a criminal group in carrying out criminal activities or playing a principal role in a joint crime,and a principals criminal shall be given a heavier punishment unless other wise stipulated in the specific provisions of this law.An“accomplice” refers to any person who plays a secondary or auxiliary role in a joint crime,and shall, in comparison with a principal criminal,be given a lighter or mitigated punishment or be exempted from punishment.A person who is compelled or induced to participate in a crime shall,according to the circumstances of his crime and in comparison with an accomplice, be given a mitigated punishment or be exempted from punishment. Anyone who instigates a person under the age of 18 to commit a crime,shall be given a heavier punishment(Article 25).
  The above provisions are the fundamental legal basis for us to judge and identify criminal groups.


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