중국 흑사회성질범죄조직(黑社会性质犯罪组织)에 대한 고찰 - 개념과 해석을 중심으로 -

Abstract

Article 294 of China's Criminal Law provides legal conditions necessary for judging certain groups as pseudo-underworld society crime organizations. The conditions have nothing to do with underworld society crime organizations. It seems that legislators of the above law had the intent to stress that pseudo-underworld society crime organizations existing in the Chinese continent were not complete, high-level crime organizations, but just low-level crime groups. In China, thus, crime organizations that were originally formed in the Mainland China are defined as 'pseudo-underworld society crime organizations while those who were introduced to China from foreign countries especially Hongkong, Macao or Taiwan, are regarded as 'underworld society crime organizations(for example, the mafia and the Triad). The Chinese government seems to think that crime groups which are originally based in the Chinese mainland are still in the stage of underdevelopment and transition, so that they should be treated as pseudo-underworld society crime organizations. Many pseudo-underworld society crime organizations, which had been arrested and accused by China's Ministry of Public Security were finally treated as ordinary crime groups. This is because, according to Chinese Supreme Peoples Court's interpreting of the above criminal law, pseudo-underworld society crime organizations couldn't be punished as underworld society crime ones if they are not seems are equipped with so-called 'protective umbrella' provided by governmental officials(protective power group). Concerning this ruling, the standing committee of National People's Congress of China reached a final interpretation that determining whether a crime group belongs to pseudo-underworld society crime organizations does not necessarily depend on whether the group is involved with the protective umbrella as mentioned above.