(2) Providing important clues or evidence for determining that a criminal organization has committed a major crime;
(3) Providing important clues or evidence for investigating and handling organized crimes committed by state functionaries;
First, the content interpretation
1. In order to realize "fighting early" and "fighting small", the Law on Combating Organized Crime clearly regards the embryonic form of underworld organizations-evil organizations as a legal concept. Evil organizations refer to criminal organizations that often gather together, use violence, threats or other means to commit illegal and criminal activities many times in a certain region or industry, do evil, bully the masses, disrupt social and economic order, and cause relatively bad social impact, but have not yet formed a triad organization.
2. In recent years, black and evil criminal cases with intimidation, threats, harassment and other "soft violence" as the main criminal means are on the rise. The Anti-Organized Crime Law stipulates the identification of "soft violence", which is clearly defined as seeking illegal interests or forming illegal influence, organized harassment, entanglement, cajoling, gathering people to create momentum and other acts. , psychological coercion to others, enough to limit personal freedom, endanger personal and property safety, affect the normal social and economic order, can be identified as the criminal means of organized crime.
3. Strengthening industry supervision is a key measure to eradicate the breeding ground of evil forces. The Law on Combating Organized Crime clearly stipulates the responsibilities of industry supervision. The competent departments of market supervision, financial supervision, natural resources, transportation and other industries shall, jointly with the public security organs, establish and improve a long-term mechanism for the prevention and control of organized crime in the industry, monitor and analyze the organized crime situation in related industries, and strengthen the supervision and management of organized crime-prone industries.
4. In order to prevent the evil forces from invading minors, the Law on Combating Organized Crime has improved the preventive duties and reporting obligations of schools, increased the provisions of relevant departments to carry out anti-organized crime publicity and education for minors, and stipulated that criminal responsibility should be severely investigated for organized criminal activities involving minors according to law.
II. General rules
1. In order to prevent and punish organized crime, strengthen and standardize anti-organized crime work, safeguard national security, social order and economic order, and protect the legitimate rights and interests of citizens and organizations, this Law is formulated in accordance with the Constitution.
2. Organized crime as mentioned in this Law refers to the crime of organizing, leading or participating in organized crime as stipulated in Article 294 of the Criminal Law of People's Republic of China (PRC), as well as the crime of organized crime and evil forces.
3. Supervisory organs, people's courts, people's procuratorates, public security organs, judicial administrative organs and other relevant state organs shall, in accordance with the division of labor, cooperate with each other and restrict each other, and do a good job in anti-organized crime work according to law.
Third, the curriculum.
1. The Law of People's Republic of China (PRC) on Combating Organized Crime is a law formulated according to the Constitution. Its purpose is 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.
2. 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 personnel, international cooperation, etc. , systematically summed up the practical experience of the special struggle against evil, to ensure that the work of eliminating evil is normalized on the track of the rule of law.
3.20211On February 24th, the 32nd meeting of the 13th NPC Standing Committee in People's Republic of China (PRC) passed the People's Republic of China (PRC) Law on Combating Organized Crime, which came into force on May 24th, 2022.
Legal basis:
People's Republic of China (PRC) Law on Combating Organized Crime
first
In order to prevent and punish organized crime, strengthen and standardize anti-organized crime work, safeguard national security, social order and economic order, and protect the legitimate rights and interests of citizens and organizations, this Law is formulated in accordance with the Constitution.