论我国黑社会性质组织犯罪的立法缺陷及其完善

ON FLAWS IN LEGISLATION AGAINST MAFIA-LIKE CRIME IN CHINA AND ITS IMPROVEMENT

我国现行《刑法》及其相关司法解释对黑社会性质组织犯罪规定了较为严厉的刑事处罚,为司法机关有效打击黑社会性质组织犯罪提供了立法保障。但由于多种因素的影响,我国黑社会性质组织犯罪在立法上还存在着一些问题和缺陷,为了有效遏制黑社会性质组织犯罪的发生,应尽快完善相关立法,以维护社会的和谐与稳定。

The present Criminal Law of China and its judicial interpretation stipulate that rather severe criminal punishment be imposed on Mafia-like gangs for their organized crime, thus providing the legislation safeguard for the judicial organs to fight organized crime. However, as a result of many influencing factors, some flaws are still present in legislation against Mafia- like crimes in our country. We should improve the legislation as soon as possible, in order to effectively suppress the organized crime and maintains social harmony and stability.