The 32nd meeting of the Standing Committee of the 13th National People's Congress voted to pass the "Anti-organized Crime Law of the People's Republic of China" on December 24, 2021, which will come into effect on May 1, 2022.

The 32nd meeting of the Standing Committee of the 13th National People's Congress voted to pass the "Anti-organized Crime Law of the People's Republic of China" on December 24, 2021, which will come into effect on May 1, 2022. The "Anti-organized Crime Law of the People's Republic of China" is a law formulated in accordance with the Constitution in order to prevent and punish organized crime, strengthen and standardize anti-organized crime work, safeguard national security, social order, and economic order, and protect the legitimate rights and interests of citizens and organizations. It systematically summarizes the practical experience of the special campaign to combat organized crime and eliminate evil, and ensures that the anti-gang and anti-gang work will be carried out on the track of the rule of law. knock on the blackboard. The key to drawing is familiar with the Anti-Organized Crime Law

Why should we formulate and issue the Anti-Organized Crime Law? Formulate background implement the major decisions and arrangements of the Party Central Committee to carry out the fight against organized crime and evil, summarize the practical experience of the special campaign to fight organized crime and evil, and consolidate the results of the special campaign. Strengthen legislation in key areas, improve the socialist legal system with Chinese characteristics, promote the modernization of the national governance system and governance capabilities, promote development with good laws, and ensure good governance. Practice the people-centered development philosophy, respond to the people’s legal needs, and use the rule of law to ensure the realization of people’s yearning for a better life. Purpose Prevent and punish organized crime. Strengthen and standardize anti-organized crime work. Maintain national security, social order and economic order. protects the legitimate rights and interests of citizens and organizations. release significance Ensure that people live and work in peace and contentment, society is stable and orderly, and the country is long-term stability. It has always been the unremitting pursuit of the Party and the country. The promulgation of the Anti-Organized Crime Law is not only a systematic summary of the existing practical experience in preventing and controlling organized crime, but also an important measure to curb the breeding of organized crime, ensure that there is a law to combat organized crime, and promote the modernization of the national governance system and governance capabilities on the track of the rule of law. The promulgation of the law means that anti-organized crime work has entered a new stage of comprehensive and normalized development in accordance with the law, and is of great significance to building a safer and law-based China at a higher level, and continuously enhancing the people's sense of gain, happiness and security.

What is "organized crime", "evil forces organization" and "soft violence"?

In order to achieve "beat when it appears" and "beat early and fight small", the Anti-Organized Crime Law clearly defines the prototype of the gang-like organization, the organization of evil forces, as a legal concept. In recent years, criminal cases involving "soft violence" such as intimidation and nuisance have shown a high incidence. For this reason, the Anti-Organized Crime Law stipulates the determination of "soft violence" means.

What is organized crime? organized crime, refers to crimes committed by organizing, leading, and participating in organized crimes of gangs and evil forces as stipulated in Article 294 of the Criminal Law of the People's Republic of China. Crimes committed using the Internet that comply with the regulations on organized crime shall be considered organized crime.

What is a "evil force organization"? evil forces organization, refers to a criminal organization that often gathers together and commits illegal and criminal activities multiple times in a certain area or industry field by violence, threats or other means, commits evil, oppresses the masses, disrupts social order and economic order, and causes relatively bad social impacts, but has not yet formed a criminal organization of a gang.

What is "soft violence" behavior?

soft violence, refers to organized harassment, entanglement, riot, gathering crowds to create momentum, etc. in order to seek illegal benefits or form illegal influence, forming psychological coercion on others, which is sufficient to restrict personal freedom, endanger personal property safety, and affect normal social order and economic order, which can be regarded as a criminal means of organized crime.

What are the highlights of the Anti-Organized Crime Law?

Highlight 1Severely punish criminal gangs and evil crimes in accordance with the law Strictly grasp the lenient policy in case handling, and To organizers, leaders and backbone members of organized crime, strictly grasp the application of bail, no prosecution, probation, etc. At the same time, we must make full use of penalties such as deprivation of political rights, confiscation of property, and fines. is different from the detention methods of ordinary crimes. The suspects and defendants of organized crime can be detained in another place, detained separately or detained separately. execute in another place and be cautiously reduced in sentence. If the organizer, leader or chief member of the evil organization of a criminal gang is sentenced to fixed-term imprisonment of more than ten years, life imprisonment, or death reprieve, he/she should be executed in another place across provinces, autonomous regions, or municipalities directly under the Central Government. If the sentence is reduced, it must be reported to the provincial prison management authority for review and then submitted to the court for ruling. When the court hears, it should notify the procuratorate and execution authorities to participate in the trial. A comprehensive investigation into the property involved in the case. 1 Public security organs and procuratorates screen the property involved in the case during the case handling. When prosecution is filed, the procuratorate puts forward handling opinions to accurately identify the property involved in gangs and evil; the court conducts court investigations and debates on the nature and ownership of the property during the trial, and makes a judgment in accordance with the law. report personal property trends, 1 for persons sentenced to prison for organizing and leading gangs, the municipal or above public security organs in prefecture-level municipal levels may decide that they will report personal property and daily activities to the public security organs in accordance with regulations from the date of completion of the execution of the punishment, and the reporting period shall not exceed five years. Highlights 2Digging deep into the "protecting umbrellas" of criminal gangs and evil forces To summarize practical experience and ensure "breaking the umbrella and breaking the net", the law clarifies the specific types of illegal and criminal acts involving organized crimes by state officials, and promotes long-term and permanent governance of breaking the umbrella and breaking the net. State staff will be investigated comprehensively if they commit the following behaviors: 1 organize, lead, and participate in organized criminal activities; provide assistance to organized criminal organizations and their criminal activities; shelter organized criminal organizations and condone organized criminal activities; dereliction of duty in the investigation and handling of organized criminal cases; use their power or position to interfere in anti-organized criminal work; other illegal and criminal acts involving organized crime. multiple departments cooperate and cooperate to establish a communication mechanism for the transfer of clues: Supervisory organs, people's courts, people's procuratorates, public security organs, and judicial administrative organs cooperate to establish a communication mechanism for the transfer of clues. If clues of illegal and criminal activities by state officials are found, they shall be handled in accordance with the law or transferred to the competent authority for processing in a timely manner. Highlights 3Strictly prevent criminal gangs and evil forces from infiltrating grassroots In accordance with the spirit of the relevant documents of the Party Central Committee to strengthen the construction of grassroots organizations, prevent and punish "village tyrants", summarizing practical experience, Article 12 of the Anti-Organized Crime Law effectively blocks the entrance to the operation of grassroots organizations through the election of the new term, and helps prevent organized criminals from interfering with and destroying the election. Clarify the joint review mechanism of multiple departments. For the election of grassroots mass autonomous organizations, the civil affairs department shall, together with the supervisory organs, public security organs and other relevant departments, review the candidate qualifications of villagers' committees and residents' committees. If you find that you have been criminally punished for committing organized crimes, you shall promptly deal with them in accordance with relevant regulations.Highlights 4 Prevent minors from being harmed Minors are not well-informed and are often easily ensnared, instigated, exploited and harmed by criminal forces. In order to prevent the above situation, relevant departments and social forces need to participate together. To this end, it is clear that education administrative departments and schools should work with relevant departments to establish a working mechanism to prevent organized crime from infringing on campus. If organized crime is found, timely measures should be taken and reported to the public security organs. The following circumstances shall be held criminally responsible in accordance with the law: Develop minors to participate in underworld organizations, instigate or lure minors to commit organized crimes, or infringe on the legitimate rights and interests of minors. Instigating or luring minors to participate in organized criminal organizations or preventing minors from withdrawing from criminal organizations does not constitute a crime, and administrative penalties will be imposed in accordance with the law. Highlights 5 Prevent the revival of evil forces 11House disposal of property involved in the case is a key link in the handling of cases of anti-gang crime. In order to eradicate the economic foundation of organized crime, achieve "breaking money and cutting off blood", and preventing the revival of evil forces hm21House1House has made some new provisions in the Anti-Organized Crime Law. specifically includes: stipulates the property investigation system, and the case-handling agency can comprehensively investigate the property status of the organizations and their members suspected of organized crime; it is clear that the facts of conviction and sentencing of the defendant committed the organized crime of a gang nature have been found out, and there is evidence to prove that the property he obtained during the crime may be highly illegal income and interest and income of the organized crime of a gang nature, and the defendant cannot explain the legal source of the property, it shall be recovered or confiscated in accordance with the law. Highlights 6Protect the personal rights and interests of the units involved in the case Hand crack down on criminal gangs and evil crimes, respecting and protecting human rights is also one of the concerns of the Anti-Organized Crime Law. In terms of protecting the legitimate rights and interests of the units and individuals involved in the case: 1 clearly stipulates that the system of lenient punishment for guilt and defendants of organized crime can be applied; it is clear that if the suspects and defendants take measures to detain other places, their families and defense lawyers shall be notified in accordance with the law; it is stipulated that the disposal of property involved in the case shall be carried out strictly in accordance with the statutory conditions and procedures, and special provisions shall be made on the relevant litigation rights of the interested parties involved in the disposal of property involved in the case. In terms of protecting the personal safety of witnesses, appraisers, victims, and whistleblowers: 1 Public security organs, people's procuratorates, and people's courts take protective measures in accordance with the law to protect the personal safety of whistleblowers, accusers, witnesses and other relevant personnel: not disclose personal information; do not expose appearance, true voice and other testimony measures; prohibit contact with specific personnel; special protection of personal and residential areas; change their identities and re-arrange their residences and work units; other necessary measures.

Behind the promulgation of the Anti-Organized Crime Law

reflects the firm determination of the Party and the country to combat organized crime and eliminate evil

demonstrates "there is no small matter in people's livelihood, and the branches and leaves are all related to the situation"

The legal temperature of

htt ml1 Looking forward to the strong backing of the new law

Everyone is happier

Social stability and order

Environment wind clean and upright

National long-term peace and stability

- END -Source: People's Daily