"Organized crime" in English. As an extremely serious criminal phenomenon, organized crime has attracted great attention from all countries in the world. To date, however, there is no unified and universally accepted definition of the concept of organized crime worldwide. His representative views are as follows:

1. Definition in the broadest sense. Organized crime is considered to be a group, gang or group formed for the purpose of committing certain crimes

or organization. For example, the criminal law of the state of California in the United States stipulates that "organized crime is two or more persons engaged in one or more of the following acts on the basis of a long-term goal: (1) providing illegal goods or services, such as usury, etc., and (2) predatory crimes, such as theft, injury, etc." There are also a number of typical criminal acts that should also be included in the definition of organized crime, namely, five categories of acts: A. Extortion groups; "Some scholars in China believe that at present, organized crime in China includes three organizational forms, namely, loose criminal gangs, criminal groups, and criminal organizations with the nature of the underworld.

2. Broad definition. It is considered that organized crime is a stable criminal organization with three or more people and a certain organizational form, including criminal groups and underworld organizations. For example, the Code of Criminal Procedure of the Federal and Federal District of Mexico defines organized crime as "three or more persons organized in accordance with the rules of discipline and hierarchy to commit an offence defined by law, either by means of consistent use of violence or primarily for the purpose of profit". "Some scholars in China also believe that organized crime generally refers to a joint criminal organization with a certain degree of organization and stability established by three or more people for the purpose of committing one or more intentional crimes multiple times.

3. Narrow definition. Organized crime is considered to be triad crime. In its documents, the United Nations Agency for the Prevention and Control of Crime generally treats organized crime as a triad. This view is shared by many scholars. For example, the Russian scholar Adashkovich (Ю.И.Адашкевич) believes: "Organized crime is an ugly phenomenon with serious social harm, which is characterized by a combination of criminal offenses, the black economic structure, and the corruption of the political management organs to carry out criminal acts, and this group not only controls illegal and criminal funds, but even controls some legal funds in some areas of the state or society." According to French criminologist Andrew Bossa, "Organized crime actually manifests itself as a relatively independent society. Living outside the legal group, with its own charter, its own organization, hierarchy and strict discipline, using all means to achieve their end, that is, maximum profit. Japanese scholar Koichi Kikuta believes: "The so-called organized crime usually has the following characteristics: (1) When most criminals continue to engage in criminal activities, they have a permanent or semi-permanent organization, and its command system is composed of hierarchies; (2) the members of the organization not only engage in criminal activities themselves, but also secretly cover stores, (3) If there is a change of leadership within the organization, there is no question of transferring leadership, and there is a shift in the power of the organization; (4) The organization controls all criminal activities in a certain area, or at least controls specific criminal activities, and such control is always in the hands of a certain leader; (5) The means and acts of crime are almost always taken according to the authority of each member of the organization; (6) In order to successfully achieve the criminal purpose, there is a careful plan for all kinds of criminal activities。 ”

4. The law of law

In the literal sense, an underworld criminal organization should be an "organization with an underworld character" or "an organization with an underworld character", that is to say, an underworld criminal organization is qualitatively different from ordinary gang crime in terms of organizational structure, criminal methods, anti-investigation capabilities, and so on, and has completed the leap from gang crime to organized crime; however, there is a clear gap between the integrity of its organization, the hierarchical nature of its organization, and the level of convergence with political power compared with that of a typical form of underworld organization.

[The National People's Congress will define "underworld organizations"]

China's top legislature will define the much-discussed question of "what is a triad-type organization?" "The presence or absence of State agents involved in or providing illegal protection" will no longer be the main line of distinction between "triads" and criminal groups in general.

At the plenary session of the 27 th session of the Ninth NPC Standing Committee, which opened today, Hu Kangsheng, vice chairman of the Legislative Affairs Commission of the NPC Standing Committee, gave an explanation of the NPC Standing Committee's (draft) interpretation (draft) of the first paragraph of Article 294 of the Criminal Law.

In December 2000, the Supreme People's Procuratorate's judicial interpretation on "underworld organizations" listed the participation or provision of illegal protection by state functionaries as a characteristic of "underworld organizations". However, in judicial practice, the judicial organs have different understandings of the characteristics of this definition of "underworld organizations", so in November last year, the Supreme People's Procuratorate requested the Standing Committee of the National People's Congress to make a legal interpretation of the meaning of "underworld organizations" in the first paragraph of Article 294 of the Criminal Law.

Hu Kangsheng said: Under normal circumstances, criminals want to form illegal control or major influence in a certain area or industry, and it is difficult to achieve this without the protection or connivance of state functionaries, but it cannot be ruled out that those who have not yet obtained the protection or connivance of state functionaries form an organization of the nature of a criminal syndicate through organizing multiple criminal activities. In view of this, the draft lists four major characteristics of "underworld organizations":

1. Form a relatively stable criminal organization, with clear organizers and leaders, and a basic fixed number of core members;

2. Obtaining economic benefits through illegal or criminal activities or other means in an organized manner, and having a certain degree of economic strength to support the organization's activities;

3. Using violence, threats, or other means to carry out illegal and criminal activities in an organized manner, to do evil, and to oppress or harm the public;

4. Dominating one side by carrying out illegal or criminal activities, or taking advantage of the shield or connivance of state functionaries, to form illegal control or major influence in a certain region or industry, and seriously disrupt the order of economic and social life.

Convictions for organizing, participating in, or leading underworld crimes are in line with the characteristics of an "underworld criminal organization" in the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Underworld Organized Crimes", and the time for which they are sentenced to prison varies according to their nature. According to the relevant provisions of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Crimes Committed by Underworld Criminal Organizations": Article 1: "Underworld criminal organizations" as provided for in Article 294 of the Criminal Law shall generally have the following characteristics: 1. The organizational structure is relatively close, the number of people is relatively large, there are relatively clear organizers and leaders, the core members are basically fixed, and there is relatively strict organizational discipline; 2. Obtaining economic benefits through illegal and criminal activities or other means, and having a certain degree of economic strength; 3. Using bribery, threats, or other means to lure or coerce state employees to participate in the activities of underworld criminal organizations, or to provide them with illegal protection; 4. Using violence, threats, harassment, or other means to wantonly carry out illegal and criminal activities such as extortion, bullying and dominating the market, gathering crowds to fight, picking quarrels and provoking troubles, and intentionally harming within a certain region or industry, seriously undermining the order of economic and social life. According to the relevant provisions of the "Criminal Law of the People's Republic of China": Article 294:Anyone who organizes, leads, or participates in the crime of organizing or leading an underworld criminal organization is to be sentenced to fixed-term imprisonment of not less than seven years and confiscation of property; Personnel of foreign underworld organizations who go to the mainland territory of the People's Republic of China to recruit members of the organization are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Where employees of state organs harbor underworld criminal organizations, or condone underworld criminal organizations to carry out illegal or criminal activities, they are to be sentenced to up to five years imprisonment, and where the circumstances are serious, they are to be sentenced to five or more years imprisonment. Extended Materials: According to the relevant provisions of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Crimes Committed by Underworld Criminal Organizations": Article 2 and "members of development organizations" as provided for in paragraph 2 of Criminal Law article 294 refers to the act of recruiting domestic or foreign persons as members of the underworld organization. Conduct such as internal adjustments to members of underworld organizations may be viewed as "developing members of the organization". Where Hong Kong, Macao, or Taiwan underworld organizations go to the mainland to develop members of the organization, the provisions of paragraph 2 of Criminal Law article 294 are to be applied for conviction and punishment. Article 3: Where organizing, leading, or participating in underworld criminal organizations have other criminal conduct, punishment is to be given in accordance with the provisions of paragraph 3 of Criminal Law article 294, in accordance with the provisions of combined punishment for multiple crimes; Where participation in underworld criminal organizations has not carried out other illegal or criminal activities, or where they have been deceived or coerced into participating in underworld criminal organizations, and the circumstances are minor, it may not be handled as a crime. Article 4: Where employees of state organs organize, lead, or participate in underworld criminal organizations, they are to be given a heavier punishment. Article 5: "Shielding" as provided for in paragraph 4 of Criminal Law article 294 refers to acts such as tipping off underworld criminal organizations and their members, concealing, destroying, or fabricating evidence, preventing others from testifying, reporting and exposing them, instructing others to give false testimony, aiding them in escaping, or obstructing the lawful investigation and prohibition of underworld criminal organizations and their members. "Connivance" as provided for in paragraph 4 of Criminal Law article 294 refers to the conduct of state organ personnel not performing their duties in accordance with law and indulging underworld criminal organizations in carrying out illegal and criminal activities. Article 6: In any of the following circumstances, employees of state organs harboring or conniving at underworld criminal organizations are "serious circumstances" as provided for in paragraph 4 of Criminal Law article 294: 1. Harboring or conniving at underworld criminal organizations carrying out illegal and criminal activities across borders; 2. Harboring or conniving at foreign underworld organizations carrying out illegal and criminal activities within the mainland; 3. Repeatedly carrying out acts of harboring or conniving; 4. Causing the economy of a certain region or industry The order of social life has been particularly seriously disrupted by underworld criminal organizations; 5. Causing the organizers or leaders of underworld criminal organizations to flee, or causing serious obstruction of efforts to investigate and ban underworld criminal organizations; 6. There are other serious circumstances. Article 7: Assets and proceeds amassed by underworld criminal organizations and criminals who organize, lead, or participate in underworld criminal organizations, as well as their proceeds, as well as tools used in crimes, shall be recovered and confiscated in accordance with law. ”