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What is anti-organized crime?
(1) Providing important clues or evidence for ascertaining the organizational structure of a criminal organization and the status and role of its organizers, leaders, and principal elements;
(2) For Providing important clues or evidence to identify major crimes committed by criminal organizations;
(3) Providing important clues or evidence to investigate and deal with organized crimes committed by state functionaries:
1. Interpretation of content
1. In order to achieve "hit when someone shows up" and "hit early and small", the Anti-Organized Crime Law clearly defines the prototype of the underworld organization-evil force organization as a legal concept. Evil force organizations refer to organizations that often gather together and use violence, threats or other means to carry out illegal and criminal activities in a certain area or industry multiple times, commit evil, oppress the masses, disrupt social order and economic order, and cause relatively bad consequences. social influence, but has not yet formed a criminal organization with a mafia nature.
2. In recent years, there has been a high incidence of criminal cases using "soft violence" such as intimidation, threats, and harassment as the main criminal methods. The Anti-Organized Crime Law stipulates the identification of "soft violence" methods, which clearly stipulates that for the purpose of seeking illegal benefits or causing illegal influence, organized harassment, entanglement, noise, gathering crowds, etc., to form psychological coercion on others, is enough to restrict personal freedom , endangering the safety of personal property and affecting normal social order and economic order, can be determined as criminal means of organized crime.
3. Strengthening industry supervision is a key measure to eradicate the breeding ground for evil forces. The Anti-Organized Crime Law clearly stipulates industry supervision responsibilities. Industry authorities such as market supervision, financial supervision, natural resources, and transportation should work with public security organs to establish and improve long-term mechanisms for the prevention and control of organized crime in the industry. Monitor and analyze the situation of organized crime within the country, and strengthen supervision and management of industries prone to organized crime.
4. In order to prevent evil forces from harming minors, the Anti-Organized Crime Law improves the prevention responsibilities and reporting obligations of schools, and adds provisions for relevant departments to carry out anti-organized crime publicity and education for minors. It stipulates that organized criminal activities involving minors should be strictly investigated for criminal responsibility in accordance with the law.
II. General Principles
1. In order to prevent and punish organized crime, strengthen and standardize anti-organized crime work, maintain national security, social order, and economic order, and protect citizens and organizations This law is formulated in accordance with the Constitution for the legitimate rights and interests of the people.
2. The term "organized crime" as used in this law refers to the organization, leadership, and participation in organized crime of a mafia nature as stipulated in Article 294 of the "Criminal Law of the People's Republic of China", as well as the organized crime of the mafia. Crimes committed by organizations and evil forces.
3. Supervisory agencies, people's courts, people's procuratorates, public security agencies, judicial administrative agencies and other relevant state agencies should cooperate with and restrict each other according to the division of labor, and do a good job in anti-organized crime in accordance with the law.
3. History
1. The "Anti-Organized Crime Law of the People's Republic of China" is to prevent and punish organized crime, strengthen and standardize anti-organized crime work , laws formulated in accordance with the Constitution to safeguard national security, social order, and economic order, and protect the legitimate rights and interests of citizens and organizations.
2. Anti-Organized Crime Law *** Chapter 9, Article 77, including general principles, prevention and management, case handling, identification and disposal of property involved, handling of state personnel involved in organized crime, Chapters such as international cooperation systematically summarize the practical experience in the special struggle against organized crime and eliminate evil, and ensure that the work of combating organized crime and eliminating evil is carried out on a regular basis on the track of the rule of law.
3. On December 24, 2021, the 32nd meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China adopted the "People's Republic of China's Anti-Organized Crime Law", which will come into effect on May 1, 2022.
Legal basis:
"Anti-Organized Crime Law of the People's Republic of China"
Article 1
For prevention This law is formulated in accordance with the Constitution and punishes organized crime, strengthens and standardizes anti-organized crime work, maintains national security, social order, and economic order, and protects the legitimate rights and interests of citizens and organizations.
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