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학술논문비교형사법연구2014.12 발행

흑사회성 조직범죄의 구성과 처벌에 대한 간단한 논의

A Treatise on Violence Organization: Formation and Punishment

주경평(하북성인민검찰원)

16권 2호, 155~170쪽

초록

Organized crimes threaten politics, economics and societies in a nation. In 1985 the United Nations declared organized crime, narcotic crime and terrorism as three big crimes threatening human beings. Since the end of 20th century China has started punishing organized crimes and in 1997, for the first time, regulated organized crimes in its criminal law. According to the law the founder of a gang should be responsible for any crime which any member of the gang committed. In addition, Chinese criminal law distinguishes violence organizations or gangs from other criminal organizations and it confronts strictly against the formers. Recently organized crimes which have invaded into legitimate economic market have become so smart and crafty that they have disguised their illegal activities as legal ones. In conclusion, prevention such as community corrections or working support system for released prisoners becomes as important as strict control of gang members.

Abstract

Organized crimes threaten politics, economics and societies in a nation. In 1985 the United Nations declared organized crime, narcotic crime and terrorism as three big crimes threatening human beings. Since the end of 20th century China has started punishing organized crimes and in 1997, for the first time, regulated organized crimes in its criminal law. According to the law the founder of a gang should be responsible for any crime which any member of the gang committed. In addition, Chinese criminal law distinguishes violence organizations or gangs from other criminal organizations and it confronts strictly against the formers. Recently organized crimes which have invaded into legitimate economic market have become so smart and crafty that they have disguised their illegal activities as legal ones. In conclusion, prevention such as community corrections or working support system for released prisoners becomes as important as strict control of gang members.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2014.16.2.007
분류:
법학

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흑사회성 조직범죄의 구성과 처벌에 대한 간단한 논의 | 비교형사법연구 2014 | AskLaw | 애스크로 AI