黑社会性质组织犯罪对策研究
发布时间：2018-07-14 20:10
【摘要】： 黑社会(性质)组织犯罪因其严重的社会危害性和世界范围内的扩张性，引起各国的高度关注。纵观黑社会的发展历史，及其目前状况，世界各国各有特点。各国政府和法律界人士，针对黑社会(性质)组织犯罪的特点，制定了各种对策，以应对日益猖獗的黑社会(性质)组织犯罪。我国的黑社会性质组织犯罪，处于黑社会组织犯罪的初级阶段，但其危害性也不容忽视，给我国的经济和社会秩序造成了严重的危害；并且黑社会性质组织犯罪又不同于一般的犯罪集团，其内部结构组织严密，反侦查能力强，且往往有“保护伞”的庇护，因此在防控和打击黑社会性质组织犯罪时往往困难重重。还由于各种原因，我国关于黑社会性质组织犯罪的理论研究水平不高，在反黑社会性质犯罪立法和司法对策方面与西方几个国家相比，有许多不够完善的地方，这促使我国政府和法律学者在制定反黑社会性质犯罪对策上，需要付出更大的努力。本文，在界定了黑社会性质组织犯罪的概念和对策后，介述了几个典型国家的黑社会组织犯罪的历史和发展趋势；并在立法和司法层面上，把我国的黑社会性质组织犯罪的法律对策与其他国家进行了比较，找出不足，并给出了自己的观点，以积极参与探讨我国的反黑社会性质组织犯罪对策。 本文在结构上分为五部分。第一部分是黑社会性质组织犯罪的概述，阐述了黑社会性质组织犯罪概念和特征，并界定了黑社会性质组织犯罪的对策。第二部分是国外黑社会组织犯罪介评，介述了意、美、俄、日四个国家的黑社会组织犯罪的发展历史和趋势，以及这四个国家和我国港、澳、台地区反黑社会组织犯罪的立法和司法对策。第三部分是我国的黑社会性质组织犯罪的立法对策，分析了目前我国反黑社会性质犯罪立法对策的缺陷，提出了具体的完善措施。第四部分是我国反黑社会性质组织犯罪司法对策的完善。第五部分是黑社会性质组织犯罪的国际合作对策，阐述了加强国际合作在反黑中的必要性，，及具体的国际合作方式，并提出了笔者的观点。
[Abstract]:Because of its serious social harmfulness and the expansibility in the world, the organized crime of underworld has aroused the attention of all countries. Throughout the history of underworld development, and its current situation, the world has its own characteristics. According to the characteristics of organized crime, governments and legal professionals of various countries have formulated various countermeasures to deal with the increasingly rampant organized crime of underworld (nature). The organized crime of underworld nature in our country is in the primary stage of the organized crime of underworld, but its harmfulness can not be ignored, which has caused serious harm to the economic and social order of our country. Moreover, the crime organized by the underworld is different from that of the general criminal group. Its internal structure is tight, its anti-investigation ability is strong, and it often has a "protective umbrella" to protect it. Therefore, it is often difficult to control and crack down on the organized crime of underworld character. For various reasons, the level of theoretical research on the organized crime of underworld nature in our country is not high. Compared with several western countries, there are many imperfect places in the legislation and judicial countermeasures of anti-triad crimes. This urges our government and legal scholars to make more efforts in formulating anti-triad crime countermeasures. This paper, after defining the concept and countermeasures of the organized crime of underworld nature, introduces the history and development trend of the organized crime in several typical countries, and at the legislative and judicial levels, This paper compares the legal countermeasures of the organized crime of underworld in our country with that of other countries, finds out the deficiency, and puts forward its own viewpoint in order to actively participate in the discussion of the countermeasures against the organized crime of the nature of the underworld in our country. The structure of this paper is divided into five parts. The first part is an overview of the organized crime with the nature of the underworld, expounds the concept and characteristics of the organized crime with the nature of the underworld, and defines the countermeasures of the crime of the organized crime with the nature of the underworld. The second part is an introduction and comment on the crime committed by foreign underworld organizations. It describes the history and trend of underworld organized crimes in four countries, namely, the United States, Russia and Japan, as well as the four countries and our country, Hong Kong and Macao. The legislation and judicial countermeasures of anti-triad organization crime in Taiwan. The third part is the legislative countermeasure of the organized crime of the underworld nature of our country, analyzes the defect of the legislative countermeasure of the crime of anti-triad nature in our country at present, and puts forward the concrete consummation measure. The fourth part is the perfection of the judicial countermeasure of anti-triad organization crime in our country. The fifth part is the international cooperation countermeasure of the organized crime of the underworld nature, elaborated the necessity of strengthening the international cooperation in the anti-triad, and the concrete international cooperation way, and put forward the author's viewpoint.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
本文编号：2122812
[Abstract]:Because of its serious social harmfulness and the expansibility in the world, the organized crime of underworld has aroused the attention of all countries. Throughout the history of underworld development, and its current situation, the world has its own characteristics. According to the characteristics of organized crime, governments and legal professionals of various countries have formulated various countermeasures to deal with the increasingly rampant organized crime of underworld (nature). The organized crime of underworld nature in our country is in the primary stage of the organized crime of underworld, but its harmfulness can not be ignored, which has caused serious harm to the economic and social order of our country. Moreover, the crime organized by the underworld is different from that of the general criminal group. Its internal structure is tight, its anti-investigation ability is strong, and it often has a "protective umbrella" to protect it. Therefore, it is often difficult to control and crack down on the organized crime of underworld character. For various reasons, the level of theoretical research on the organized crime of underworld nature in our country is not high. Compared with several western countries, there are many imperfect places in the legislation and judicial countermeasures of anti-triad crimes. This urges our government and legal scholars to make more efforts in formulating anti-triad crime countermeasures. This paper, after defining the concept and countermeasures of the organized crime of underworld nature, introduces the history and development trend of the organized crime in several typical countries, and at the legislative and judicial levels, This paper compares the legal countermeasures of the organized crime of underworld in our country with that of other countries, finds out the deficiency, and puts forward its own viewpoint in order to actively participate in the discussion of the countermeasures against the organized crime of the nature of the underworld in our country. The structure of this paper is divided into five parts. The first part is an overview of the organized crime with the nature of the underworld, expounds the concept and characteristics of the organized crime with the nature of the underworld, and defines the countermeasures of the crime of the organized crime with the nature of the underworld. The second part is an introduction and comment on the crime committed by foreign underworld organizations. It describes the history and trend of underworld organized crimes in four countries, namely, the United States, Russia and Japan, as well as the four countries and our country, Hong Kong and Macao. The legislation and judicial countermeasures of anti-triad organization crime in Taiwan. The third part is the legislative countermeasure of the organized crime of the underworld nature of our country, analyzes the defect of the legislative countermeasure of the crime of anti-triad nature in our country at present, and puts forward the concrete consummation measure. The fourth part is the perfection of the judicial countermeasure of anti-triad organization crime in our country. The fifth part is the international cooperation countermeasure of the organized crime of the underworld nature, elaborated the necessity of strengthening the international cooperation in the anti-triad, and the concrete international cooperation way, and put forward the author's viewpoint.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D917.6
【引证文献】
相关硕士学位论文 前2条
1 刘勇斌;略论黑社会性质组织犯罪的预防和控制[D];中央民族大学;2010年
2 郭嘉;黑社会性质组织的特征及司法认定[D];中山大学;2010年
本文编号：2122812
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