Interpretation of anti-organized crime law

The significance of the Law on Combating Organized Crime is as follows:

The promulgation of the Law on Combating Organized Crime is of great significance for building a higher level of peaceful China and China ruled by law, constantly enhancing people's sense of gain, happiness and security, and ensuring people's livelihood, social stability and order, and long-term national stability.

1, crack down on black and evil crimes according to law.

The concepts of organized crime and evil organizations are defined, and the punishment and preventive measures prescribed by law can be applied to evil organizations, and the nature of using the network to implement organized crime and "soft violence" is defined.

It is stipulated that organizers, leaders and key members of underworld organizations should strictly grasp the applicable conditions of bail pending trial, non-prosecution and probation, and fully apply penalties such as deprivation of political rights, confiscation of property and fines; In the clue verification stage, emergency measures such as emergency stop payment, temporary freezing and temporary seizure can be taken according to law for the property involved in the underworld organization case; Criminal suspects and defendants in organized crime cases may be detained in different places, separately or separately; Execution of punishment in different places, strict commutation and parole of specific organized criminals.

For the identification and disposal of the property involved, it is stipulated that the case-handling organ can comprehensively investigate the property status of organizations suspected of triad nature and their members; The conviction and sentencing facts of the defendant's crime of organized crime of underworld nature have been ascertained, and there is evidence that the property he obtained during the crime may be highly illegal income and fruits of organized crime of underworld nature. If the defendant cannot explain the legal source of the property, it shall be recovered and confiscated according to law.

In order to prevent recidivism, a reporting system for personal property and daily activities of persons sentenced to criminal punishment for organizing and leading underworld organizations has been stipulated, and the relevant industry authorities have strengthened supervision over the establishment of enterprises by relevant personnel.

2. Dig deep into the "umbrella" of evil forces.

Chapter V of the Law on Combating Organized Crime stipulates the handling of state functionaries' participation in organized crime, and clearly investigating and dealing with state functionaries' participation in organized crime is the focus of the work on combating organized crime.

The specific contents include: defining the specific types of illegal and criminal acts of state functionaries involving organized crime, and clarifying that these acts should be fully investigated and dealt with according to law; It also stipulates that state functionaries who organize, lead and participate in organized crime shall be severely punished according to law; It is stipulated that supervisory organs, people's courts, people's procuratorates, public security organs and judicial administrative organs should strengthen cooperation and establish a communication mechanism for clue handling; Provisions shall be made on the behaviors that state personnel who investigate and deal with organized crime cases according to law shall not have, and the bottom line restricted area shall be delineated.

3. Prevent evil forces from infiltrating into the grassroots.

Article 12 of the Law on Combating Organized Crime stipulates the joint trial mechanism in the general election of grass-roots mass autonomous organizations, and clarifies that the civil affairs department shall, in conjunction with the supervisory organs, public security organs and other relevant departments, examine the qualifications of candidates for villagers' committees and residents' committees, and if it is found that criminal punishment has been imposed for the implementation of organized crime, it shall be dealt with in a timely manner in accordance with relevant regulations.

four

Protect minors from infringement.

In order to prevent minors from being infringed, the Law on Combating Organized Crime implements the responsibilities of all parties and strengthens the punishment of organized crimes involving minors.

It stipulates the responsibilities of people's governments at all levels and relevant departments, village (neighborhood) committees, enterprises, institutions and social organizations, and makes special provisions on protecting the legitimate rights and interests of minors and preventing them from being harmed by organized crime.

In addition, in order to strengthen the punishment of organized crime involving minors, the Law on Anti-organized Crime stipulates that those who develop minors to participate in organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of organized crime of Those who instigate or trick minors into joining an organized criminal organization, or prevent minors from quitting an organized criminal organization, which do not constitute a crime, shall be severely punished according to law.

five

Prevent the resurgence of evil forces

The disposal of the property involved is the key link in the handling of cases of eliminating evils. In order to eradicate the economic foundation of organized crime, realize "cutting off money and blood" and prevent the resurgence of evil forces, the Anti-Organized Crime Law has made some new provisions.

Specifically, it includes: the property investigation system is stipulated, and the case-handling organ can comprehensively investigate the property status of organizations suspected of triad nature and their members; It is clear that the conviction and sentencing facts of the defendant's crime of organized crime of underworld nature have been ascertained, and there is evidence that the property he obtained during the crime may be highly illegal gains and fruits of organized crime of underworld nature. If the defendant cannot explain the legal source of the property, it shall be recovered and confiscated according to law.

6. Protect the personal rights and interests of the units involved.

Emphasis is placed on cracking down on organized crime according to law, respecting and protecting human rights, and safeguarding the legitimate rights and interests of citizens and organizations.

It is clear that the system of confession and punishment can be applied to criminal suspects and defendants in organized crime; If it is clear that a criminal suspect or defendant is detained in a different place, it shall notify his family members and defenders according to law; It is stipulated that the disposal of the property involved should be carried out in strict accordance with legal conditions and procedures, and special provisions are made on the relevant litigation rights of interested parties in the disposal of the property involved.

The enactment of the Law on Combating Organized Crime is an important measure to sum up the experience of the special struggle to eliminate evils, strengthen the system construction, and ensure the normalization and institutionalization of the work of eliminating evils on the rule of law. The promulgation of the Law on Combating Organized Crime is of great significance for building a higher level of peaceful China and China ruled by law, constantly enhancing people's sense of gain, happiness and security, and ensuring people's livelihood, social stability and order, and long-term national stability. The Anti-Organized Crime Law defines the concepts of organized crime and evil organizations, which can be punished and prevented by law, and defines the nature of using the Internet to commit organized crime and "soft violence". It is a highlight of the law to severely punish black and evil crimes according to law. The Law on Combating Organized Crime clearly stipulates in handling cases that organizers, leaders and backbone members of underworld organizations should strictly grasp the applicable conditions such as obtaining a guarantor pending trial, not prosecuting, probation and so on. , the full application of deprivation of political rights, confiscation of property, fines and other penalties; It is stipulated that the public security organs can take emergency measures such as emergency stop payment, temporary freezing and temporary seizure of the property involved in the case of organized crime in the clue verification stage; Criminal suspects and defendants in organized crime cases may be detained in different places, separately or separately; Execution of punishment in different places, strict commutation and parole of specific organized criminals.

Legal basis:

People's Republic of China (PRC) Anti-Organized Crime Law Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing and punishing organized crime, strengthening and standardizing anti-organized crime work, safeguarding national security, social order and economic order, and protecting the legitimate rights and interests of citizens and organizations.