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近年来,黑社会性质组织犯罪在我国日益猖獗,其组织程度越来越严密,活动范围越来越广,犯罪气焰越来越嚣张,严重破坏了我国的经济秩序和社会生活秩序。1997年新刑法增设了黑社会性质犯罪,这为有效打击黑社会性质犯罪提供了一定的法律依据。但随着社会的发展和形势的变化,我国当前的刑事立法逐渐暴露出在惩治黑社会性质组织犯罪中的缺陷。本文从我国当前黑社会性质组织犯罪的现状及特点入手,分析立法缺陷,进而提出完善黑社会性质犯罪立法的建议。
In recent years, criminal activities of the underworld nature have become more and more rampant in our country. The organization of the system is getting more and more strict with more and more extensive activities. The arrogance of crimes is more and more arrogant, which seriously undermines the economic order and social order in our country. In 1997, the new Criminal Law created a criminal syndicate, which provided a legal basis for effectively cracking down on criminals of a triad society. However, with the development of society and the changes of the situation, the current criminal legislation in our country has gradually exposed the flaws in the criminalization of triad-type organizations. This article starts from the present situation and the characteristics of criminal organization in underworld in our country, analyzes the defects of legislation, and puts forward the suggestion of perfecting the criminal legislation of triad nature.