【作者】 贡小康；

【导师】 张旭；

【作者基本信息】 吉林大学 ， 法律， 2007， 硕士

【摘要】 黑社会是有组织犯罪的最典型形式,是当今国际社会公认的一种犯罪组织最高形态,它被联合国大会称为“世界三大犯罪灾难”之一,世界各国尤其是西方发达国家始终将其作为刑事立法和司法的重点,纷纷出台相关法律法规,严厉打击黑社会犯罪及其组织。1997年我国在修订刑法时,立法机关创制了黑社会性质的组织概念,并对其相关犯罪作了明确规定,解决多年来我国大陆地区涉黑犯罪“法无明文规定”的弊端。随后,又相继做出一些司法和立法解释,为我国打击黑社会性质组织犯罪提供了有力法律武器。但是,由于当初立法时我国尚无与黑社会组织犯罪斗争的经验,因而在涉黑犯罪的立法上持一种谨慎的态度,较之国际“反黑”刑事立法和司法存在较大差距。当前,随着我国改革开放的深入,港澳的回归,两岸交流的紧密,社会进入转型期,大陆地区的涉黑犯罪日益突出,比较典型的黑社会组织业已出现,成为严重危害社会稳定和治安安定的巨大威胁。因此,如何尽快完善黑社会性质组织犯罪立法已成为我国刑法理论界和司法实践部门关注的焦点之一,也是依法严厉打击和预防控制黑社会性质组织犯罪最为迫切需要解决的问题。更多还原

【Abstract】 The underworld is the most organized criminal prototype,as which UN regards one of three criminal disasters in the world, and specifically regulates some International Conventions. Every country in the world especially western countries pay greatly attention to confining underworld and make relevant laws to dispel severely its organizations. When Criminal Law was amended in 1997,the Legislature stipulated clearly underworld crimes which have no codes to comply in the past, and then proclaimed some legislative interprettations to meet legitimate needs for eliminating underworld crimes.China was cautious about making laws concerning underworld crimes for very little experience of combat. Otherwise this situation is not definitely suitable for the reality that underworld crimes in China are sprouting abruptly,and this situation is far away from international criminal legislation and judicature of anti-underworld crimes. How to improve legislation of underworld crimes is a focus of the circles of criminal theory and judicial practice,and is also the problem emergently to solve. The author of this thesis tries to analyze underworld crimes from criminal laws. Starting from conception and feature of underworld organization,the author explains the basic conception and relation between organized crimes and underworld and points out that underworld is the most organized criminal prototype. Then, the author generalizes the conception process of underworld organization develops in China, which how the new lawful terms transform from local government documents,and coneludes that the lawful feature of underworld organization in China has the character of underworld crimes which lacks of consistency. The author discusses the stipulation of punishment for underworld crimes by criminal laws,and analyzes lawbook contains,based on the feature of underworld organization. The author disputes the related laws about crimes of underworld organization. First of all the author believes that criminal legislation lacks of forecast,integration , configuration and aim for, and underworld crimes are punishedslightly. The law concerned underworld organization is defined so ambiguously and unreasonably that cannot explain the structure feature of underworld organization correctly. Introduction of criminal legislation for anti一underworld in some countries and regions we should learn, especially in Italy, US,Japan,HongKong and Taiwan. On basis of the view, the author summarizes the experience and headline of antiunderworld in these countries and regions. Improvement and recommendation of criminal legislation for punishment of underworld crimes. To sum up others’thoughts. the author introduces the definition of underworld organization to meet the need of legislation. For example,the company subject of underworld crimes should be regulated clearly,underworld crimes should be punished severely in some degree,so on and so forth.更多还原