摘要
有组织犯罪的本质特征在于其组织性。打击有组织犯罪的立法对策是完善刑事立法。实体法方面要修改、增设罪名 ,增加财产刑 ,打击相关犯罪 ,加大惩治力度 ;程序法方面要完善证人保护、羁押与取保候审制度、制定配套法规和反黑法律。司法对策是 :加大打击力度、反黑与反腐败同时进行 ;成立专门机构、开展专项斗争、坚持刑事、经济犯罪并案查处。
The nature of organic crimes is its characteristic of being organized. The legislative countermeasure for attacking organic crimes is to improve criminal legislation. It should be modified on entity law side to increase the charges and property penalty, to attack the relevant crimes and to greatly strengthen criminal punishment; while on the side of procedure methods, the system of witness protection, detaining, posting a bail to await trial with restricted liberty of moving,should be perfected, as well as some specialized criminal regulations and anti-black laws should be established; as for the judicial countermeasures, those are to enhance attacking force, to carry out anti-black and anti-corruption campaigns; We should set up specialized organization, carry out specified battle, insist on combined criminal investigation and treatment, and reinforce international co-operation.
关键词
有组织犯罪
特征
立法对策
司法对策
organic crime
characteristic
legislative countermeasure
judicial countermeasure