增设“组织、领导、积极参加恶势力组织罪”的探讨

Discussion on Addition of the Charge of'Organizing,Leading,and Actively Participating in Gang-related Organization'

为期3年的扫黑除恶专项斗争已取得胜利。数据表明,涉恶犯罪集团的数量是涉黑组织的3倍之多,但对涉恶势力只能以其他罪名定罪。在办理恶势力组织犯罪案件时没有统一的定罪量刑标准,增加了司法实践难度。增设“组织、领导、积极参加恶势力组织罪”能为办理恶势力组织犯罪案件提供准确的法律依据,是罪刑相适应的体现,能实现预防犯罪的目的。

The three-year nationwide campaign against organized and gang-related crimes has achieved good results.According to the official figures,the number of gang-related groups is more than three times that of mafiastyle organizations,but the gang-related groups can only be convicted of other charges.The lack of unified standards for conviction and sentencing in handling cases involving gang-related crimes has increased the difficulties in judicial practice.The addition of the charge of'organizing,leading,and actively participating in gang-related organization'to the criminal law can provide accurate legal basis for dealing with cases involving gang-related organizations,and it will reflect the principle of suiting punishment to crime,as well as realize the purpose of crime prevention.