“组织涉黑”性质的界定及其引申

Cognizance of Criminal Syndicate and Its Extension

对涉黑犯罪采取"打早"、"打小"的政策须以打准为基础。涉黑犯罪分为两个类型:与组织形式相关的犯罪和基于组织利益由成员实施的具体犯罪。一般情形下由成员实施的直接危害社会的行为应被首先评判,此后甄别成员间非法利用关系证明非法利益共同体的存在,最后对应刑法条款决定是否适用组织、领导、参加黑社会性质组织罪罪名。如果存在国家机关工作人员包庇、纵容犯罪人的,亦据此决定适用包庇纵容黑社会性质组织罪或适用其他罪名。

The policy of ＂fighting early＂, ＂fighting small＂ should be adopted in the triad-related crime. Triad-related crime is divided into two types： the crime associated with organizational forms and the specific crimes implemented by members on the basis of organization interests. Under normal circumstances, the specific behavior which causes a direct danger to society and is implemented by members should be judged firstly. Then we should identify the existence of illegitimate interests community among the members of the illegal use of the relationship. Fainally we decide whether to apply the triad - related crime charges of implementation, leadership, taking part in according to the corresponding provisions of the Criminal Code. If there is staff of state organs who harbor and abet the perpetrator, we should apply the crime of shielding and abetting organized crime groups or other charges accordingly.