有组织犯罪基本特征探讨

Exploration of the Basic Characteristics of Organized Crimes.

①我国的有组织犯罪从发展过程看 ,经历了初步发展、销声匿迹、死灰复燃和逐渐蔓延等四个主要时期 ,并出现国外有组织犯罪少有的断链现象 ;②从成员构成看 ,其核心成员主要以“两劳”释解人员和受过打击处理的惯犯为主 ,其基本成员主要以无业、失业青少年和闲散农民为主 ;③从组织形式看 ,大都具有较稳定的结构层次和相应的内部规章或约定 ,表现出一定程度的紧密性 ;④从犯罪内容看 ,以盗窃、抢劫、杀人、诈骗、绑架、敲诈勒索、拐卖人口、走私贩毒等犯罪形式为主 ;⑤从犯罪形式看 ,逐步走上职业化、专业化的道路 ;⑥从活动方式看 ,敢于以武装化、公开化对抗执法部门 ;⑦从经济基础看 ,处于经济积累的初始阶段 ,有的开始谋求合法身份的掩护 ;⑧从政治渗透看 ,开始注意寻求“保护伞” ,其危害重点在农村基层政权 ;⑨从全国发展看 ,各地差别很大 。

There exist nine main characteristics in our country's organized crimes:(1)In terms of the process of their development,the organized offenses have experienced four main periods which are preliminary development,disappearing,restoration and gradually extending. (2)In terms of their member composition,the nuclear members are mainly composed of the people who were reeducatcd by physical labor or reformed through labor and the habitual criminals who were punished by law;the basic members are mainly jobless or unemployed youths and idle peasants;(3) of the form of their organization,the organized crimes have rather steady structual level and corresponding internal regulations or agreements.(4) of the conents of the crimes,they are mainly stealing,robbery,murdering,swindling,kidnaping,blackmail,abducting people,smuggling and drug trafficking etc. (5) the forms of the crimes,they are becoming professional and specialized;(6) of the ways of their activities,they are armed to publicly oppose the government departments which enforce law. (7) of their economic basis,it is in the initial stage of economic accumulation,and some are begining to seek legal identity for protection. (8) of their political permeation,it is paying attention to seek “umbrella”,and their harm mainly affects the countryside and its grass roots administration;(9) of the development of the whole country,although there exists big difference in different areas,there is a tendency toward joint crimes.