对组织、领导、参加黑社会性质组织罪罪名之质疑

To organize, lead, participating gangster content of charges

黑社会犯罪是目前刑事犯罪的热点。立法将境内黑社会犯罪罪名类型化规定,导致了立法用语本身不明确,混淆了该类犯罪的相关概念,不利于该罪名在实践中的操作。将"性质"一词规定在其中,与当前的法治理念不符,也不利于对黑社会犯罪组织的认定,以及对该类犯罪的惩治与预防。

Organized crime is the criminal hot spots. Legislation within the criminal underworld types of charges provisions of the legislative language itself does not lead to clear, confused concepts of such a crime, the offense is not conducive to the operation in practice. The ＂nature＂ in which the provisions of the word, does not match with the current concept of the rule of law, is not conducive to the identification of organized crime organizations, as well as the type of crime punishment and prevention