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有组织犯罪的现状与发展趋势已引起国际社会的重视。自从我国加入《联合国打击跨国有组织犯罪公约》后,已有不少就适应公约该做何立法完善的学术研究,但国家之间的比较研究同样重要。有组织犯罪相关概念混乱不清已经成为阻碍各国加强打击跨国有组织犯罪合作的诟病。我国现行立法没有规定有组织犯罪,对于其内涵和外延,与现行刑法规定的犯罪集团、恐怖组织、黑社会性质组织究竟存何关系,有必要进行厘清,这也是展开打击有组织犯罪活动的前提和基础。通过比较分析,得出中国有组织犯罪不仅应包括黑社会性质组织,还应当包括某些严重的犯罪集团和团伙,但不包括恐怖主义组织的结论。有必要提出一个有组织犯罪的工作定义,作为启动特殊刑事侦查措施的门槛。对黑社会性质组织犯罪的司法适用应从严标准,而不是任意降低标准。
The status quo and development trend of organized crime have drawn the attention of the international community. Since China acceded to the United Nations Convention against Transnational Organized Crime, there have been quite a few academic studies on how to make the legislation fit in with the convention. However, comparative studies among countries are equally important. The chaos of the concepts related to organized crime has become a criticism that hinders the cooperation of all countries in cracking down transnational organized crime. The current legislation in our country does not stipulate that organized crime needs to be clarified as to the connotation and denotation of its existence and the existence of any relationship with the existing criminal syndicate, terrorist organization or criminal syndicate under the existing criminal law. This is also the prerequisite for launching the campaign against organized crime basis. Through comparative analysis, it is concluded that China’s organized crime should not only include underworld organizations, but also include some serious criminal groups and groups, but not the conclusion of terrorist organizations. There is a need to come up with a working definition of organized crime as a threshold for initiating special criminal investigation measures. Judicial application of criminal syndicates should be more rigorous, not arbitrary reduction of standards.