Summary of the law against organized crime

The Law on Combating Organized Crime was adopted at the 32nd meeting of the 13th the National People's Congress Standing Committee (NPCSC) on February 24th, 2002/KLOC-0, and will come into force on May 24th, 2022.

The Law on Combating Organized Crime consists of nine chapters and 77 articles, including general provisions, prevention and handling, case handling, identification and disposal of property involved, handling of organized crime by state staff, international cooperation, etc. , systematically sum up the practical experience of the special struggle to eliminate evils and ensure that the work of eliminating evils is carried out normally on the track of the rule of law.

Legislative purpose

0 1 prevention and punishment of organized crime;

Strengthen and standardize the fight against organized crime;

Maintaining national security, social order and economic order;

Protect the legitimate rights and interests of citizens and organizations.

Interpretation of definition

People's Republic of China (PRC) 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", so that these evil forces can no longer hide.

1 organized crime

Organized crime refers to the crime of organizing, leading and participating in underworld organizations as stipulated in Article 294 of the Criminal Law, as well as the crime of underworld organizations and evil organizations, rather than the crime of other organizations (such as terrorist organizations).

2 evil organizations

Evil organizations refer to criminal organizations that often get together, commit illegal and criminal activities many times in a certain area or industry by violence, threats or other means, do evil deeds, oppress the masses, disrupt social and economic order, and cause relatively bad social impact, but have not yet formed underworld organizations.

3 soft violence "

"Soft violence": organized harassment, entanglement, trouble, gathering people to create momentum, etc. in order to seek illegal interests or influence. Psychological coercion on others is enough to limit personal freedom, endanger personal and property safety and affect the normal social and economic order.

Legal application of overseas underworld organizations

This Law is applicable to overseas underworld organizations that recruit members in People's Republic of China (PRC) and commit criminal activities against People's Republic of China (PRC), the state or citizens abroad.

The significance of the law against organized crime

"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 that the work of eliminating evils is normalized and institutionalized on the track of 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.

Six highlights

Highlight 1

Severely punish black and evil crimes according to law

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.

Regarding the identification and disposal of the property involved, the Law on Combating Organized Crime stipulates that the case-handling organ may comprehensively investigate the property status of the organization suspected of organized crime and its 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 terms of preventing recidivism, the law stipulates a reporting system on the personal property and daily activities of persons sentenced for organizing and leading underworld organizations, and the relevant industry authorities strengthen supervision over the establishment of enterprises by relevant personnel.

Highlight 2

Dig deep into the "protective umbrella" of evil forces

In the special struggle against evil, we persisted in combining the anti-corruption struggle with the grass-roots "swatting flies" and dug deep into the "protective umbrella" of evil forces, which achieved good social results.

In order to sum up practical experience and ensure that "an umbrella breaks the net", Chapter V of the Law on Combating Organized Crime stipulates the handling of state employees' participation in organized crime, and clearly regards the investigation of state employees' participation in organized crime as the focus of anti-organized crime work.

The specific contents include:

0 1 defines the specific types of criminal acts involving black and evil by state staff, and clarifies 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 acts that state personnel who investigate and deal with organized crime cases according to law shall not engage in, and the bottom line restricted area shall be delineated.

Highlight 3

Strictly guard against the infiltration of evil forces into the grassroots.

In order to prevent the infiltration of evil forces into grass-roots organizations, according to the spirit of the Central Committee of the Communist Party of China's relevant documents on strengthening the construction of grass-roots organizations, preventing and punishing "village tyrants" and summing up practical experience, 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 makes it clear that civil affairs departments should, together with supervisory organs, public security organs and other relevant departments, examine the qualifications of candidates for villagers' committees and residents' committees, and if they find that they have been criminally punished for committing organized crimes, they should follow the relevant regulations.

Highlight 4

Protect minors from infringement.

In recent years, the acts of evil forces against minors have seriously endangered their physical and mental health. 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.

0 1 "The prevention of organized crime requires the participation of relevant departments and social forces."

The Law on Combating Organized Crime stipulates the responsibilities of people's governments at all levels, 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 infringed 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.

Highlight 5

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.

The specific contents include:

0 1 stipulates the property investigation system, and the case-handling organ can comprehensively investigate the property status of organizations suspected of underworld nature and their members;

It is clear that the conviction and sentencing facts of the defendant's crime of underworld organization have been ascertained, and there is evidence that the property obtained in the course of the crime is likely to belong to the illegal income and fruits of underworld organization, and the defendant cannot explain the legal source of the property, it shall be recovered and confiscated according to law.

Liangdian 6

Protect the personal rights and interests of the units involved.

The Anti-Organized Crime Law emphasizes that anti-organized crime work should be carried out in accordance with the law, respecting and safeguarding human rights and safeguarding the legitimate rights and interests of citizens and organizations.

The specific contents include:

0 1 In terms of protecting the legitimate rights and interests of the units and individuals involved, it is clear that the system of pleading guilty and recognizing punishment can be applied to criminal suspects and defendants of organized crime;

If it is clear that a criminal suspect or defendant is detained in a different place, it shall inform 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 have been made on the litigation rights of interested parties involved in the disposal of the property involved;

Special provisions have been made on the protection measures for witnesses, expert witnesses, victims and informants.

label

Behind the frequent legal highlights, it reflects the firm determination of the party and the country to eliminate evil and shows deep feelings for the people. It is expected that under the strong backing of People's Republic of China (PRC) Law on Combating Organized Crime, everyone will be happier, the society will be stable and orderly, the environment will be clean and tidy, and the country will enjoy long-term stability!

Legal basis:

Law of People's Republic of China (PRC) on Combating Organized Crime Article 1 This Law is formulated in accordance with the Constitution in order to prevent and punish organized crime, strengthen and standardize the work of combating organized crime, safeguard national security, social order and economic order, and protect the legitimate rights and interests of citizens and organizations.