重庆打黑行动结束后,几乎所有涉黑案件的犯罪分子都被检察机关起诉犯组织、领导、参加黑社会性质组织罪,然而,几个主要案犯都否认自己组织、领导黑社会性质组织。究竟什么是黑社会性质组织,尽管立法机关已经做出立法解释,但司法实践中仍然难以把握。因此,必须设立一套认定黑社会性质组织的程序规范,使打击黑社会性质组织犯罪常态化、制度化、规范化,形成“打防结合,预防为主”的机制。 After the crackdown in Chongqing, almost all the criminals involved in the black cases were prosecuted by the prosecutorial organs to commit crimes and led them to participate in syndical crimes. However, several major offenders denied that they organized and led the underworld organizations. After all, what is a triad organization? Although the legislature has already made legislative explanations, it is still difficult to grasp in judicial practice. Therefore, it is necessary to set up a set of procedural norms that determine the nature of the underworld organization so that crimes against triad society can be normalized, institutionalized and standardized, and a mechanism of “combating prevention and combining prevention” can be formed.