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Gangland Identification

Author: LiuYi
Tutor: WangShunAn
School: China University of Political Science
Course: Criminal Law
Keywords: Triad Mafia Umbrella Forces Organized criminal groups
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 118
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Abstract

In this paper, in order to Penal Code section 294 and related legislation, judicial interpretation of the provisions for the stance , combined with the current laws of organized crimes and hot cases , focusing from concept , characteristics and related concepts of discrimination with the three aspects of Gangland be identified . The main idea is as follows: The first chapter of the article Mafia conceptual and legal nature to be explored. As with the Mafia underworld organizations exist between the matter of degree rather than a qualitative difference. Therefore, I do not dwell on the issue of the distinction between the two , but opened up to underworld organization based on the concept leads to the concept of syndicate this idea : Through the academic triad organization to a different understanding of the concept of discrimination , combined with social learning on the social organization and the \the concept of organization . Mafia is a special kind of criminal groups , which is the legal nature of Mafia , but also need to be clear this is a problem . Articles of Chapter II , the author explains the provisions of the legislative perspective , first expounded judicial interpretation on the provisions of syndicate characteristics explain why the legislature replaced it clear that the \characteristics . Next, I will specifically analyze the legislative syndicate characteristics, namely organizational characteristics , economic characteristics , behavioral characteristics and hazardous characteristics . In organizational characteristics , the author analyzes the key organizational structure syndicates stability , tight , especially Mafia \In economic characteristics , due to certain economic strength is the Mafia as a \In behavioral characteristics , the author emphasizes that violence is criminal syndicate first means , at any instant of violence should be ignored for the important role of syndicate , syndicate should also pay attention to patterns of behavior organized . Hazardous characteristics Mafia four most important characteristics of a feature , I think primarily in the formation of illegal control on whether the feature to be sure, illegal control of personal control that contains illegal domestic and foreign illegal social, economic control two aspects, and the latter 's identification is the key. Chapter III article points out there is some not yet clear legislative interpretation of issues, namely the essential characteristics Mafia : As the ability to syndicate with other related concepts that distinguish signs syndicate should be based on the essential characteristics of pursuit of economic interests as the fundamental purpose of illegal control ; Second, the number of Mafia : Mafia organizations should be identified as the minimum number of ten people ; Third hazardous characteristics of the \in identifying Mafia 's key role in the Mafia blurred boundaries , should be deleted. Articles of Chapter Four of the \Group in our criminal law does not specifically refer to the syndicate , syndicate in order to further clarify the scope of practice to prevent confusion and mix to correctly identify syndicate .

Gangland Identification

Abstract

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