Abstract:
In order to avoid criminal investigation and criminal trial,the crime organizations are all making changes to their organizational structures. The Mafia-style organization in our china also shows the trend of diversification of organization forms. If the criminal theory still lingers on the basis of the original research and strictly require the involved organizations to conform to formal requirements of organizational characteristics,it will be detrimental to the fight and prevention of new forms of Mafia-style organizations. The organization characteristic is the first characteristic of the Mafia-style organizations,and it is also one of its core characteristics. The organization characteristic has the formal aspects,also has the substantive aspects. And the substantive aspects can better explain the punishment basis of the Mafia-style organizations. According to the layered identification method,the establishment of organizational characteristics needs to be identified from the formal aspects to the substantive aspects. No matter how the formal requirements change in the criminal organization under examination in judicial practice,as long as substantial requirements are met that each member in action with the "organized" action,the organizer and leader of organization members have actual control over the "organized" action,so that all the organizational members who commit the illegal and criminal activities will be deemed as a "combination group",then it can be concluded that this organization is the Mafia-style organization. As for the "loose structure" of the criminal organizations,the judicial department should take the layered identification method,and determine the criminal organization which qualifies substantial aspects of organizational characteristics to be the Mafia-style organization.