Points!Eight questions take you to understand the "Anti -Organized Crime Law"

On December 24, 2021, the 32nd meeting of the Standing Committee of the 13th National People's Congress reviewed and approved the "People's Republic of China Anti -Organizational Crime Law" (hereinafter referred to as the "Anti -Organizational Crime Law"). It will be officially implemented from month 1.

Let's learn the "Anti -Organic Crime Law" together.

#1

What is the significance of the "Anti -Organic Crime Law" promulgated and implemented?

The formulation and implementation of the "Anti -Organizational Crime Law" is an inevitable requirement for the normalization of the fight against evil. It is the iconic result of the Party Central Committee to carry out the fight against evil. With great practice, it is conducive to improve the counter -organized criminal legal system that connects with various forms such as legal, legislative interpretation, and judicial interpretation. Always advance forward in the track of the rule of law; it is conducive to further improve the system of criminal prevention and control in the industry field, gathered the strong forces of the society to prevent and co -govern, and prevent the breeding and spread of the evil forces from the source; it is conducive to further strengthening The law enforcement and judicial organs' awareness of the rule of law, human rights, evidence, procedure consciousness, and conscious supervision awareness of the law enforcement and judicial organs, and strive to make the people feel fair and just in the case of scanning and eliminating evil.

#2

What are the highlights of the "Anti -Organic Crime Law"?

The "Anti -Organic Crime Law" has a total of 977 chapters, including general rules, prevention and governance, case handling, property identification and disposal involved in cases, and national staff involving organizational crimes, international cooperation, etc.

Strictly punish crime of crime of crimes in accordance with the law

It is clear that the concepts of organizational crimes and evil forces are clear. The organization of evil forces can apply the punishment and preventive measures stipulated in the law, and clarify the qualitative of the use of organizational crimes and "soft violence". Relevant regulations on how to strictly punish organizational crimes and prevent re -crime.

Related Articles: Article 2, Article 22, Article 23, Article 30, Article 35, Article 36, Article 37, Third Article 18, Article 40, Article 45, Article 47

Deeply digging the evil forces to "protect the umbrella"

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The state staff involved in the handling of organizational crimes, and the investigations of national staff involved organized crimes were clearly stated as the focus of organizational crimes.

Related Articles: Article 50 to 53

Strictly prevent evil forces from penetrating into the grassroots level

The joint audit mechanism in the election election of grassroots mass autonomous organizations has stipulated that the civil affairs department shall, in conjunction with relevant departments such as supervisory organs, public security organs, etc. If criminal punishment shall be dealt with in time in accordance with relevant regulations.

Related Article: Article 12

Prevent minors from being infringed

The people's governments at all levels and relevant departments, village (residents), civil committees, corporate institutions, social organizations, and other aspects of their responsibilities are stipulated, and the legitimate rights and interests of the protection of minors and preventing minors from suffering from organized crime violations Special specifications.

Related Articles: Article 11, Article 67, Article 69

Prevent evil forces from reuniting

In order to eradicate the economic foundation of organizational crime and prevent the death of the evil forces, the "Anti -Organizational Crime Law" has made some new regulations on property investigation and disposal, including the case handling agency can fully investigate the organization and its suspected organizational crimes and their own. Members' property status; evidence that the height of the property obtained during the crime may belong to the illegal income of the triad -oriented organization of crimes and their interests and benefits, and if the defendant cannot explain the legal source of property, it shall be recovered and confiscated in accordance with the law.

Related Articles: Article 19, 20, 27, Article 39 to 49, Article 68

Protect the individual rights and interests involved in the case

Emphasizing anti -organizational crime should be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the legitimate rights and interests of citizens and organizations.

Related Articles: Article 22, Article 30, Article 43, Article 41, Article 43, Article 44, Article 49, Article 53, Article 61

#3

What are organizational crimes, evil forces, "soft violence"?

Plaster your eyes and accurately identify organizational crimes!

Some organizational crimes refer to the criminals organized by the "Criminal Law of the People's Republic of China" in Article 294 of Article 294 of the Criminal Law of the People's Republic of China.

Evil forces organization refers to illegal and criminal activities in a certain area or industry in a certain area or industry with violence, threats or other means. The social impact, but has not yet formed criminal organizations of underworld organizations.

"Soft violence" refers to a organized, entangled, tangled, troubled, and gathering potential in order to obtain illegal interests or form illegal impacts. It is psychological for others to restrict personal freedom, endangers personal property safety, affects a normal society, affects a normal society. Crime means of order and economic order.

#4

How to severely crack down on organizational crimes?

Strict punishment according to law, strictly crack down on organizational crimes!

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It is clear that the organizers, leaders, and backbone members who have organized crimes strictly grasp the applicable conditions for bailout trial, non -prosecution, probation, suspension, parole, and temporarily enforcement of abroad. penalty. Criminal suspects and defendants who have organized criminal cases may take measures such as detention, separate detention, or separate detention of different places.

Organizers, leaders, or the primary elements of the Organization of the underworld organization are sentenced to more than ten years in prison, life imprisonment, life imprisonment, and death sentence for two years, and punishment shall be performed across provinces, autonomous regions, and municipalities.

The mining and parole of specific organizational criminal criminals must be reported to the people's court after reviewing the prison management organs of the province, autonomous region, and municipality directly under the Central Government.

#5

How to prevent the death of organizing crimes?

Fortune to break the blood and destroy the economic foundation of organizational crime!

It is clear that during the clue verification stage of the public security organs, the property involved in the case of the triads can take emergency measures for emergency stop payment, temporary freezing, and temporary seizure in accordance with the law. For specific property, after legal procedures, it can be sold, monetized or sold, and auctions in accordance with the law.

When the public security organs and the People's Procuratorate, when they are transferred to the review and prosecution, they shall put forward their opinions on the property involved. The people's court shall make a judgment in accordance with the law and deal with the property involved.

The defendant's criminal solidarity of the criminal crime of underworld organization has been found out. There is evidence that the height of the property obtained during the crime may belong to the illegal income of the triad -organized crime and its interest and benefits, and the defendant cannot explain the legal source of property In accordance with the law, it should be recovered and confiscated.

#6

How to do a good job of "umbrella and breaking the net"?

Deeply dig a thorough investigation, and the "protective umbrella" and "relationship network" are rooted!

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It is clear that national staff have organizational, leadership, and organizational criminal activities, helping organizational criminal organizations and their criminal activities, sheltering organizational criminal organizations, indulgence of organizational criminal activities, negligible in investigating organized crime cases in the work of organizing criminal cases, negligible jobs in the work of organized crime cases, negligible jobs in the work of organizing crime cases. Depending on daughter -in -law, use of power or posts on an influence of intervention in anti -organizational crimes, and other illegal crimes involving organizational crimes, should be fully investigated and dealt with in accordance with the law. If the national staff organizes, leadership, and organizational crimes, they will be punished by heavy punishment according to law.

Establish a communication mechanism for clues between the supervisory organs and the political and legal organs, and find that the national staff's clues about illegal crimes are discovered, and they are handled or transferred to the competent authority in time in accordance with the law. Any unit or individual discovered that state staff and organized crimes related to organized crimes have the right to report, accuse, and report to the supervisory organs, people's procuratorates, and public security organs.

Standardize the behavior that are not allowed to investigate and handle criminal cases in accordance with the law, and clarify the bottom line for the restricted area. For the use of reports and other methods to distort the facts and accuses law enforcement and judicial staff who are engaged in law enforcement and judicial staff who are engaged in anti -organizational crimes.

#7

How to protect minors from infringement?

Special protection, cut off the black hands that stretched to the minor!

It is clear that the education administrative department and schools should build a mechanism for preventing and organizing crimes in conjunction with relevant departments, strengthen anti -organized crime publicity and education, enhance students' awareness of organizing crimes, and educate students to consciously resist organized crimes, prevent organizational organizational, and organize organizational organizations. Criminal infringement. If the school finds that there are related criminal activities, it shall be stopped in time, takes precautions, and reports to the public security organs and education administrative departments.

Develop minors to participate in underworld organizations and overseas underworld organizations, teach and deceive minors to implement organizational crimes, or implement the legitimate rights and interests of organizational crimes to infringe the legitimate rights and interests of minors. Express and deceive minors to participate in organizational criminal organizations or prevent minors from exiting and organizing criminal organizations. If they do not constitute crimes, they will be re -administrative punishment according to law.

#8

What should I do if I find that there are organizational criminal clues?

Relying on the masses and letting some organizational crimes take root!

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It is clear that any unit or individual has the assistance to cooperate with the relevant departments to carry out the obligation to conduct anti -organizational crimes. The state protects units and individuals who assisted and cooperated with anti -organized crimes in accordance with the law.

The state encourages units and individuals to report organizational crimes. Units and individuals who have made outstanding contributions to the report of organizational crimes or in the anti -organizational crime work shall be given commendation and rewards in accordance with relevant national regulations.

Due to reporting, accusing and stopping organizational criminal activities, and testimony in organizational crime cases, if the personal safety of myself or its close relatives is in danger, the case handling unit shall take one or more protection measures in accordance with relevant regulations to terminate the report, control the report, and accuse the advice. , Stop crime, testimony and other worries.

Source: Jiangsu High Court, Jiangsu Political and Law, Qinghai Pu Law

Edit: Qinghai Detoxification Government Affairs Media

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