In the determination of this crime, the determination of underworld organizations is the most critical. According to the relevant judicial interpretation, the identification of underworld organizations should focus on four characteristics: organizational characteristics, economic characteristics, behavioral characteristics and harm characteristics. Organizational characteristics emphasize that this organization has a relatively stable organizational structure and relatively fixed backbone members. Economic characteristics emphasize that organizations gain economic benefits through illegal and criminal activities in the process of their establishment and development. Behavioral characteristics emphasize the violence and threat of organizational behavior. The harmful feature is to emphasize the organization's destruction of the local economic and social life order.
In The Knockout, Sheng Qiang Group led by Gao Qiqiang took Gao Qiqiang, Gao Qisheng, Tang Xiaolong and Tang Xiaohu as the core and backbone figures, and Sheng Qiang Group as the cover, and led his younger brother to seize the economic interests of real estate development and other industries by means of violence and threats, which seriously disrupted the local economic and social order. Therefore, this so-called powerful group is actually a triad organization with legally operated companies as "sheepskin". Therefore, Gao Qiqiang, Gao Qisheng, Tang Xiaolong and Tang Xiaohu can all constitute the crime of organizing, leading and participating in underworld organizations.
Besides, as the boss of the underworld, should Gao Qiqiang be responsible for the crimes committed by his younger brothers? This problem needs to be analyzed in detail and cannot be generalized. Specifically, Gao Qiqiang, as the boss of the underworld, is responsible for the crimes committed by his younger brothers in the name of the underworld organization, and also for the interests of the underworld organization. For example, Gao Qiqiang ordered the killer Lao Mo to kill several people, which was also a homicide.
However, if his younger brothers commit crimes in the name of the organization without his instigation or for the benefit of the organization, they generally do not bear criminal responsibility. For example, Gao Qiqiang generally does not need to bear criminal responsibility for his brother's conflict with others in his daily life and then beating and intentionally hurting others.
Generally speaking, Gao Qiqiang's organization in The Knockout led the underworld organization, which directly or indirectly killed several lives and colluded with local officials to do evil, which is the bane. If caught, he will be punished for several crimes and will eventually be sentenced to death and executed immediately.