我国黑社会犯罪刑事立法的反思与完善

当前,我国已初步形成了以刑法典第294条和其他关联条款为主体,以刑法修正案和相关法律解释等法律文件为补充的黑社会犯罪刑法惩治体系,人们对黑社会犯罪的认识正在不断深化,犯罪形势、刑事立法和刑事司法相互影响也日渐增强.然而,由于规范与事实间存在的固有间隙,我国黑社会犯罪立法在观念上还存在较多问题与缺陷.若有效地与黑社会犯罪作斗争,必须从我国实际情况出发,根据黑社会犯罪的演变过程与实际的发展形态来完善惩治黑社会犯罪的刑法体系.

Consideration and Improvement of Criminal Legislation on Mob Crimes in China

At present, we have basically formed the criminal legislation system on mob crimes ,mainly based on clause 294 in criminal law and related clauses, plus the criminal amendment and linked explanations . With people learning further about mob crimes, the influence among crime situation, criminal legislation and criminal justice is becoming stronger and stronger . However, due to the gap between laws and facts , there still exist many problems and shortcomings in the opinion of criminal legislation on mob crimes . To fight mob crimes effectively, we must perfect the criminal system on underworld crimes, on the basis of the reality as well as the changing and factual situation of the mob crime in China.