“Against organized crimes the franco-prussian 50 q | phase I

2022-07-15 0 By

The Anti-Organized Crime Law of the People’s Republic of China will come into effect on May 1, 2022.In order to popularize the knowledge of this law to the whole society and enhance the confidence and ability of the people to use the law to fight against the criminal forces, Harbin Procuratorate actively performed the duty of legal publicity and education, and launched the “Anti-Organized Crime Law” 50 questions on the wechat public account of “Harbin Procurator” series columns.This column is based on the provisions of the Anti-Organized Crime Law, combined with the practical experience of the special struggle against organized crime, to popularize knowledge and brief interpretation of this law, and form a clear, intuitive and understandable reading effect through the form of “question and answer”.Q1: What is the legislative significance of organized Crime Law?A: Organized crimes seriously infringe on national security, social order, economic order and the legitimate interests of the people.For a long time, China’s anti-organized crime legal system is scattered and not systematic, some documents are of low effectiveness, and legal provisions related to prevention, governance and guarantee are relatively lacking, which objectively affects the implementation effect.On December 24, 2021, the thirteenth session of the standing committee of the National People’s Congress 32 meeting examined and approved the “law of the People’s Republic of China against organized crimes, the method based on the situation of our country, the system summary which practice experience, putting the special struggle is against organized crime, working under the rule of law, long-term important milestone.Q2: What is “organized crime”?Answer: the organized crime stipulated in this law should be understood from two levels: first, the organized crime includes both the organized crime of underworld nature and the organized crime of evil forces.Second, organized crime includes both the crime of establishing and developing criminal organizations and the crime carried out by criminal organizations.Q3: What are the characteristics of organized crime?Answer: 1. Organizational characteristics: stability, scale and rigor 2. Economic characteristics: The means to grab economic benefits are diversified and have certain economic strength, and the economic benefits obtained are used to do activities or maintain the survival and development of the organization.Violence, threats or other means, etc., are repeated in number, and illegal or criminal acts are approved by the organization for the purpose or benefit of the organization.4, harmful characteristics: in a certain range of impact, and has a significant.The characteristics of the organization of evil forces refer to those of the organization of underworld nature, but do not require economic characteristics.Q4: Can “soft violence” be identified as a means of organized crime?A: This law clearly defines “soft violence” as a means of organized crime.The soft violence of organized crime is defined as “encircle without beating, beat without hurting, hurt without being serious” by means of disturbing, pestering, making trouble and gathering crowds.Q5: What are the requirements for the division of work against organized crime?A: According to this article, the relevant authorities should be responsible for the division of responsibilities. They should not only cooperate with each other to ensure the formation of a strong joint force against organized crimes, but also check and supervise each other to effectively prevent the occurrence of cover-up and connivance and illegal handling of cases, so as to jointly promote the in-depth development of organized crimes.Q6: The role of various government departments in the fight against organized crime?A: The anti-organized crime work not only emphasizes that political and legal organs fulfill their duties, but also that all government departments bear the responsibility of prevention and control.At the same time, the villagers’ committees and residents’ committees have also been clarified to assist in prevention and management.Q7: What are the characteristics of the subject of responsibility and related division of labor of anti-organized crime?Answer: Article 6 of the Law not only stipulates the duties of the relevant organs, but also stresses that the villagers’ committees, residents’ committees, enterprises and public institutions, and social organizations should jointly carry out anti-organized crime work.Article 9 further clarifies the responsibilities of people’s governments at all levels, relevant departments, villagers’ committees and residents’ committees to prevent and control organized crimes.Article 7 stipulates that all units and individuals shall have the obligation to assist and cooperate with relevant departments in the work against organized crimes.Article 8 provides that the State encourages units and individuals to report organized crimes.Article 61 also provides for witness protection measures.These provisions reflect the anti-organized crime work adhere to the specialized work and the mass line of the work concept.Q8: What guarantees does the state provide for anti-organized crime work?Answer: organization ensures: government of all levels party organization, all levels, the branch is coordinated, catch jointly manage together.Institutional guarantee: legislative system, detailed measures.Material support: special funds, other funds, equipment construction.Q9: What is the importance of the public in the fight against organized crime?A: Organized crime is a potential threat to the legitimate rights and interests of any large number of units and individuals. Therefore, it must be deeply recognized that as a member of the whole society, no matter units or individual citizens, they are duty-bound to work against organized crime.The State shall, in accordance with law, protect units and individuals that assist and cooperate in anti-organized crimes to prevent them from being retaliated against by criminal organizations.Q10: Recognition and reward for anti-organized crime work?A: The anti-organized crime work cannot be separated from the active participation and strong support of the general public and the cooperation and cooperation of all relevant departments.The significance of commendation and reward to units and individuals that have made outstanding contributions to the anti-organized crime work lies in: First, to affirm their behavior, through commendation and reward in the form of a legal publicity, vigorously promote this spirit, in the whole society to create a joint fight against organized crime social atmosphere.Second, commendation and reward can also effectively mobilize the whole society and citizens to assist and cooperate with relevant departments to carry out anti-organized crime work.Source: Wechat official account of Harbin People’s Procuratorate