Comparative Research on the Organized Crime in China and Russia

Abstract

China and Russia have different theoretical definitions in the definition of organized crime. By comparing and analyzing the concept of organized crime in the fields of criminal law and criminology between China and Russia, we should take into account the position of criminal law and the position of criminology, and adhere to the binary definition of the concept of organized crime. In terms of the criminal law system of organized crime in China, the Chinese criminal law stipulates the concept of criminal group in the general rules. In the chapter, it stipulates the crime of organizing, leading, participating in terrorist organizations and organizing, leading, and participating in underworld organizations. For the criminal responsibility of engaging in organized crime, the Chinese Criminal Law stipulates that the primary elements of the organization and leadership of criminal groups shall be punished according to all the crimes committed by the group. In the criminal law system of organized crime in Russia, the Russian criminal law stipulates the concept of gang crimes, gang crimes committed in advance, organized groups to commit crimes, criminal groups (criminal organizations) in the general rules, and the establishment of rules in the rules. And the crime of participating in terrorist groups, organizing or participating in illegal armed groups, armed gang crimes, forming or participating in criminal groups (criminal organizations), and forming extremist groups, while at the same time increasing the responsibility of organized groups as part of the crime . For the criminal responsibility of engaging in organized crime, the Russian criminal law stipulates that it should be severely punished according to the Russian criminal law and within the limits set by it, and the provisions for exempting criminal responsibility from the four crimes other than armed gang crimes. Compared with China, the advantage of Russian criminal legislation with organized crime is that it clearly states the concept of "organized" in its provisions, fully embodies the dynamic characteristics of existing organizational crime development, and takes care of the logical relationship between different legal concepts. Combating crime and disintegrating criminal groups, the criminal law network is more rigorous, and it is more conducive to protecting the rights of offenders. In the judicial practice of combating organized crime between China and Russia, China and Russia have not yet established a centralized, unified and specialized national organization to combat organized crime, but Russia is fighting crimes against money laundering, protecting secret investigators, and protecting assistance. The investigation of organized crime citizens, the protection of organized crime witnesses, victims and other related personnel has made more specific legal provisions and guarantees. Therefore, China should learn from Russia from the two aspects of criminal legislation and judicial practice. On the one hand, improve the basic provisions and specific provisions of organized crime, separately stipulate the content of organized crime in the general rules, increase the corresponding crimes in the sub-rules, and set the lenient and exemption for criminals who actively cooperate and withdraw in time. The path of criminal responsibility is to implement the criminal policy of lenient and strict, and at the same time enact the Anti-Organized Crime Law to make up for the limitations of the criminal law itself, from the scope of adjustment, anti-organized crime subjects, safeguard measures, prevention and early warning, legal convergence, etc. Start by identifying the basis for action against and against organized criminal activity. On the other hand, increase the crackdown on money laundering crimes, improve and refine the undercover investigation system, informant investigation system, witnesses and other related personnel protection systems, and increase measures to guide, strengthen, supervise and guarantee the fight against organized crime. Effectively prevent and combat organized crime from the judicial level.