试析有组织犯罪的演变特征及存在形态

我国有关黑社会性质组织犯罪的立法虽经多次修订和司法解释,不仅仍难以消除理论上的纷争和执法上的不统一,而且客观上也难以发挥遏制有组织犯罪发展的功能。立法与司法的这种无为状态,表面上看只是立法规范的表述问题,实质上则是因这一刑事规范本身缺乏坚实的事实基础导致在立法观念与规范设计上出现重大缺陷。科学立法的基础在于把握力图调控的犯罪事实特征及其本土性的现实反映。唯有如此j才能确立科学的有组织犯罪观念,并不断地完善有效打击有组织犯罪的法律制度。

Analysis about the Characteristics of Evolution and Form of Presence of Organized Crime

Though legislation on the underworld organized crime in China has repeatedly been amended and interpreted, it still can not eliminate the theoretical disputes and objectively it is hard to play the roles in curbing the development of organized crime. This inaction of legislation and judicature is seemingly due to the expression of the legal norms, but the real reason is that this criminal code is not based the true facts, which leads to the serious flaws in the legislative ideas and the design of norms. Scientific legislation should be based the true facts of organized crime in China. Only in this way can we establish the scientific concept of organized crime and design effective system of rules against it.