What is the legal definition of underworld?

Literally, underworld organizations should be "underworld organizations" or "underworld organizations", that is to say, underworld organizations are qualitatively different from ordinary gang crimes in organizational structure, criminal means and anti-investigation ability, and have completed a leap from gang crimes to organized crimes; However, compared with typical underworld organizations, there are obvious gaps in organizational integrity, organizational hierarchy and integration with political power.

National People's Congress will define "underworld organization"

China's highest legislature will define the controversial issue of "what is an organization of underworld nature". "Whether state functionaries participate in or provide illegal protection" will no longer be the main boundary between "underworld organizations" and ordinary criminal groups.

At the plenary meeting of the 27th Session of the Ninth the National People's Congress Standing Committee (NPCSC), which opened today, Hu, deputy director of the Law Commission of the National People's Congress Standing Committee (NPCSC), made a draft of the National People's Congress Standing Committee (NPCSC)'s explanation on the first paragraph of Article 294 of the Criminal Law.

From June 5438 to February 2000, the judicial interpretation of "underworld organization" in the Supreme People's Procuratorate listed the participation or illegal protection of state staff as the characteristics of "underworld organization". However, in judicial practice, the judicial organs have different understandings of the characteristics of the definition of "underworld organization". Therefore, last June 165438+ 10, the Supreme People's Procuratorate asked the National People's Congress Standing Committee (NPCSC) to give a legal explanation of the meaning of "underworld organization" in the first paragraph of Article 294 of the Criminal Law.

Hu said that under normal circumstances, criminals want to form illegal control or significant influence in a certain area or industry, and it is difficult to achieve it without the cover or connivance of state employees. However, it cannot be ruled out that those who have not been covered or connived by state employees have repeatedly formed underworld organizations through organized criminal activities. In view of this, the draft lists four characteristics of "underworld organizations":

First, a relatively stable criminal organization is formed, with clear organizers and leaders, and the backbone members are basically fixed and the number is large;

Two, organized through illegal and criminal activities or other means to obtain economic benefits, with a certain economic strength to support its activities;

Three, by violence, threats or other means, organized illegal and criminal activities for many times, doing evil, bullying and harming the masses;

Four, through the implementation of illegal and criminal activities, or using the cover or connivance of state functionaries, dominating one party, in a certain area or industry, forming illegal control or significant influence, seriously undermining the order of economic and social life.