On December 24, 2021, the 32nd Session of the Standing Committee of the 13th National People's Congress passed the Anti-Organized Crime Law of the People's Republic of China, which came into force on May 1, 2022. This is the mainland's first law that specializes, systematizes, and completes anti-organized crime work.
What is the significance of the "Anti-Organized Crime Law" and what are the highlights of it? Today, Ping An Jun will take you to understand and study some of the legal provisions.
Clarify concepts such as organized crime and malign forces
The "Anti-Organized Crime Law" consists of nine chapters and 77 articles, including general provisions, prevention and governance, case handling, identification and disposal of assets involved in the case, handling of organized crime by state employees, international cooperation, safeguard measures, legal responsibility, supplementary provisions, and other content. The law establishes the working principles for countering organized crime, clarifies the definitions of organized crime and malign force organizations, as well as the application of relevant laws, stipulates relevant systems for the prevention and control of organized crime, and defines the nature of the use of the Internet to commit organized crime and "soft violence".
Among them, the law clarifies the concepts of organized crime, malign force organizations, and "soft violence". Organized crime refers to crimes of organizing, leading, or participating in underworld criminal organization crimes, as well as crimes carried out by underworld criminal organizations or malign forces organizations, as provided for in article 294 of the Criminal Law.
Malign forces organizations refer to criminal organizations that often gather together and use violence, threats, or other means to carry out illegal or criminal activities multiple times in a certain region or industry, to do evil, to oppress the public, to disrupt social or economic order, and to cause a relatively heinous social impact, but have not yet formed an underworld criminal organization.
"Soft violence" refers to organized harassment, pestering, making noise, gathering crowds, and so forth, in order to seek illegal benefits or illegal influence, to form psychological coercion on others, which is sufficient to restrict personal freedom, endanger the safety of persons and property, and impact normal social or economic order, and may be found to be a criminal method of organized crime.
Specific provisions prevent minors from being harmed
The Anti-Organized Crime Law presents many bright spots, providing legal guarantees for the eradication of organized crime and vice.
Strictly punish underworld crimes in accordance with law. In order to achieve the goal of "cracking down on the first to appear" and "cracking down on small ones early", the Anti-Organized Crime Law clearly defines malign force organizations, the prototype of underworld criminal organizations, as a legal concept, and stipulates the identification of "soft violence" methods. The law makes it clear that the organizers, leaders, and core members of organized crime shall strictly grasp the conditions for the application of release on bail pending further investigation, non-prosecution, and suspended sentences, and fully apply penalties such as deprivation of political rights, confiscation of property, and fines. In order to eradicate the economic base of underworld forces and prevent their resurgence, the "Anti-Organized Crime Law" stipulates that the case-handling organs may comprehensively investigate the property status of organizations suspected of organized crime and their members;
Dig deep into the "protective umbrella" to strictly prevent underworld and evil forces from infiltrating the grassroots level. In order to summarize practical experience and ensure that "umbrellas are broken and nets are broken", Chapter 5 of the "Anti-Organized Crime Law" provides for the handling of state functionaries involved in organized crime, clarifies the specific types of illegal and criminal acts of state functionaries involved in organized crime, and makes it clear that these acts shall be comprehensively investigated and dealt with in accordance with law. In order to prevent underworld forces from infiltrating basic-level organizations, article 12 of the "Anti-Organized Crime Law" provides for a joint review mechanism in the general election of basic-level mass autonomous organizations, clarifying that civil affairs departments shall, in conjunction with supervision organs, public security organs, and other relevant departments, conduct a review of the qualifications of candidates for membership of villagers' committees and residents' committees, and where it is discovered that they have received criminal punishment for committing organized crime, they shall promptly handle it in accordance with relevant provisions. In order to strengthen industry regulation and eradicate the breeding ground for underworld forces, the "Anti-Organized Crime Law" clearly stipulates the duties of industry regulation, and the competent departments for industries such as market regulation, financial regulation, natural resources, and transportation, in conjunction with the public security organs, shall establish and complete long-term effective mechanisms for the prevention and governance of organized crime in the industry, conduct monitoring and analysis of the situation of organized crime in relevant industries and fields, and strengthen oversight and management of industries and fields where organized crime is prone to occur.
Special provisions are made to prevent minors from being harmed. In order to prevent juveniles from being harmed, the "Anti-Organized Crime Law" stipulates the responsibilities of people's governments at all levels and relevant departments, village (resident) committees, enterprises, public institutions, social organizations, and other aspects. The law stipulates that where minors are recruited to participate in underworld criminal organizations or foreign underworld organizations, instigate or entice minors to commit organized crime, or carry out organized crime that infringes upon the lawful rights and interests of minors, criminal responsibility shall be pursued heavily;
Promote the in-depth development of the normalized struggle to sweep away organized crime and eliminate vice
According to the relevant person in charge of the Fuzhou Municipal Anti-Organized Crime Office, the "Anti-Organized Crime Law" is not only a systematic summary of the existing practical experience in preventing and controlling organized crime, but also an important measure to curb the breeding of organized crime, ensure that there is a law to follow in the fight against organized crime, and promote the modernization of the national governance system and governance capacity on the track of the rule of law. The promulgation of this law implements the major decisions and arrangements of the Party Central Committee to carry out the fight against organized crime and vice on a regular basis, and is of great significance for building a higher level of peace and rule of law in China, promoting the modernization of the national governance system and governance capacity, and continuously enhancing the people's sense of gain, happiness and security, and ensuring that the people live and work in peace and contentment, social stability and order, and the country's long-term peace and stability.
The person in charge said that in the future, he will continue to do a good job in the study, publicity, implementation and implementation of the "Anti-Organized Crime Law", continue to promote the in-depth development of the normalized anti-crime and anti-evil struggle, and further improve the legalization, standardization and professionalism of the city's anti-crime and anti-evil struggle, and help build a higher level of peace and rule of law in Fuzhou.
来源 | 福州日报编辑 | 李九岁