Traditional Culture Encyclopedia - Traditional culture - What is the etymology of the word "underworld"?

What is the etymology of the word "underworld"?

Underworld, from the English phrase "underworld" ... German gesellschaft, originally refers to roommates, and later used to express the relationship between people.

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Discrimination of underworld organizations

Yongqiang Zhang

(Peking University Law School, 10087 1)

Content summary:

As a form of organized crime, underworld organizations are different from ordinary criminal groups and typical underworld organizations. On the basis of accurately defining the concept of underworld organization and scientifically analyzing the current criminal situation, we should re-examine its constituent elements and make clear the boundary between it and other forms of organized crime. We believe that when identifying underworld organizations, we should pay attention to the diversity and complexity of their behaviors in objective elements; It should be noted that its organization is tight and there are many members in the main elements, and the number of members should be at least three times that of ordinary criminal groups; Subjective elements should be introduced into the analysis of criminal personality. In the overall strategy of curbing organized crimes of underworld nature, we should not "circle around" too much, and the key to the policy of "stability, accuracy and cruelty" is "accuracy"

Keywords: underworld organization/underworld organization/criminal group/organized crime

At present, the nationwide struggle to crack down on evil is being carried out, and a number of criminal organizations with triad nature have been "destroyed". Organized crime of underworld nature is a newly established crime after the revision of China's Criminal Law 1997, including three charges-organizing, leading and participating in organized crime of underworld nature; Crime of entering the country to develop underworld organizations; Crime of harboring and conniving at underworld organizations. In recent years, such crimes have spread in some areas and caused serious harm. However, in judicial practice, it is often difficult to identify what is an underworld organization, and academic views are different. In view of this, we analyze its nature and composition in order to arouse further in-depth research on this issue from all walks of life.

First, the underworld organization is an organized crime.

Organized crime is "organized crime" in English. As an extremely serious crime phenomenon, organized crime has attracted great attention from all countries in the world. However, so far, there is no unified and accepted definition of organized crime in the world. Its representative views are as follows:

1, the broadest definition. It is believed that organized crime is a gang, gang or group formed to commit a certain crime.

Or organization. For example, California criminal law stipulates: "Organized crime means that two or more people engage in one or more of the following acts on the basis of long-term goals: (1) providing illegal goods or services, such as usury; (2) Predatory crimes, such as theft and injury. There are also some typical criminal acts that should be included in the definition of organized crime, that is, five types of acts: a, extortion groups; B, illegal industries; C. theft group; D, gangs; E. terrorist organizations. " Some scholars in China believe that organized crime in China currently includes three organizational forms, namely, loose criminal gangs, criminal groups and criminal organizations with underworld nature.

2. Broad definition. It is believed that organized crime is a stable criminal organization with more than three people, including criminal groups and underworld organizations. For example, the Criminal Procedure Law of the Federal Republic of Mexico and the Federal District defines organized crime as: "Three or more people organize themselves according to the rules of discipline and hierarchy, and commit crimes stipulated by law through consistent use of violence or mainly for profit." Some scholars in our country also believe that organized crime generally refers to an * * * accomplice criminal organization with certain organization and stability, which is established by more than three people to commit one or more intentional crimes for many times.

3. Narrow definition. Think that organized crime is underworld crime. United Nations crime prevention and control agencies usually regard organized crime as a triad in their documents. Many scholars also hold this view. For example, Russian scholar Adas Covic (юиадшкевич) thinks: "Organized crime is an ugly phenomenon with serious social harm, which is characterized by the combination of criminal crime, black economic structure and corruption of political power management organs. French criminologist Andrew Bossa believes: "Organized crime is actually a relatively independent society. Living outside the legal organization, they have their own articles of association, their own organization, their own grades and strict discipline. In order to achieve their own goals, that is, to maximize profits, they will do whatever it takes. "Japanese scholar Koichi Kikuda believes:" The so-called organized crime usually has the following characteristics: (1) Most criminals have a permanent or semi-permanent organization when they continue to engage in criminal activities, and their command system is composed of classes; (2) members of the organization not only engage in criminal activities themselves, but also secretly cover the criminal activities of certain professionals such as shops and artists; (3) If the internal leadership of the organization changes, there is no problem of leadership transfer, and there is a generation that has the power of the organization; (4) The organization controls all criminal activities in a certain area, or at least specific criminal activities, and this control right is always in the hands of a certain leader; (5) Criminal means and criminal behavior are almost all based on the authority of each member of the organization; (6) In order to successfully achieve the purpose of crime, there are careful plans to carry out various criminal activities. "

Mr. M. Bassioni, a world-renowned criminal law scholar and criminologist and president of the International Criminal Law Association, summarized the characteristics of organized crime as follows:

1, criminal members are considered to be the support points and gangs engaged in criminal activities more or less;

2. Its primary purpose is to obtain benefits through illegal means;

3. Threats and violence are the means to achieve their goals, whether inside or outside the group;

Bribing officials and others is an integral part of his trick;

5, through tax fraud, monopoly, predatory business activities, and the use of the influence of corruption to infiltrate and undermine legitimate business activities to obtain benefits;

6. Profit appreciation through money laundering;

7. There may be transnational branches or activities, but the activities are mainly within a country;

8. Any behavior that threatens public safety, public order and other social interests will have a negative impact on society.

9. Its members are often, but not always, gathered and organized in a hierarchical structure headed by a top leader;

10, subordinate members should be loyal to the organization and pass strict discipline, including those who died of failure, betrayal and disloyalty.

The way to be bound;

1 1. Members are selected on the basis of testing loyalty, cruelty and criminal skills, and they are accompanied by invisibility in the fraternity.

Right;

12, secrecy is one of its signs.

We believe that the definition of organized crime should reveal its essential characteristics, that is, the organization of crime. First, organized crime is not committed by one person, but by more than three people; Second, it has a relatively stable organizational form; Third, many people commit one or more crimes in an organized way. Therefore, the so-called organized crime refers to the joint crime of three or more people with a certain organizational form for the purpose of committing one or more crimes. Organized crime is different from the joint crime of two or more people, such as gang crime. According to China's crime situation and legal provisions, organized crime should include criminal groups, underworld organizations and underworld organizations. Judging from the scale, degree and social harmfulness of the organization, these three are actually the primary, intermediate and advanced development forms of criminal organizations.

Second, underworld organizations are a form of transition from criminal groups to underworld organizations.

A criminal group is a relatively fixed criminal organization in which three or more persons jointly commit crimes. It has the same side as underworld organizations, that is, they are all criminal organizations. But they are different in the scale and degree of organization, especially in whether they are "underworld". Therefore, criminal groups and underworld organizations cannot be confused.

Underworld organizations and underworld organizations are essentially the same, that is, they all have the characteristics of "underworld" Underworld, translated from the English phrase "underworld society", originally meant underground society, dirty society and so on. Black people are illegal and secret, so the underworld is an anti-social underground organization. The reason why it is called society shows that it is different from general organized crime and more serious than criminal groups, forming a "small society". There is also some information that the underworld is a criminal group, which means a criminal group.

MAFIA is called "Mafia" in Italian, which is the acronym of "Muzzini Autorizza Furti, Incendi, Avvell enamenti". It can be seen that the meaning of the underworld itself indicates that the activities of this social group are illegal and criminal. In Chinese, words such as "black heart", "black hand", "black letter", "black money" and "black shop" also express strong moral and legal negative comments. Black means injustice and immorality.

Of course, the core word of "underworld" is "society", which is called "society" in English and "society" in French, all of which come from the Latin "socius", which means that partners and many people gather together, thus extending the meaning of groups and organizations. In ancient Roman language, sicietas refers to the free contractual relationship of relative natural personality; Gesellschaft in German originally refers to roommates, and later it is used to express the relationship between people. In Russian, the root "общество" of the word "society" means all, the whole, men * * * and being together. In Japan, the word "society" appeared as a translation of English "society" during the Meiji Restoration, and Japanese scholars studying in China borrowed this word when translating sociology works. However, the word "she" in Japanese comes from ancient books in China, such as "village society" and "village society". In China's ancient books, "she" refers to the place, date and ceremony of the worship of the land god or the land god, and also has the significance of marking the ancient local grass-roots administrative units; "Meeting" means meeting. The combination of the word "society" began in the Tang Dynasty, which refers to the activities of holding entertainment parties and offering sacrifices to gods in a certain place during festivals. It can be seen that the meaning of the word "society" in different languages is the same, that is, it all means the relationship and activities between people in a certain area.

We believe that underworld organizations should have the following characteristics:

1, underground social interaction

Underworld organizations are illegal underground societies that are opposed to the mainstream society. This is the most essential feature of underworld organizations. Underworld organization is a hidden subculture group. Many people are deviant not because of their weakness, but because they are groups with different standards and values. Even obedience may lead to deviance when it comes from participation in deviant culture. The norms of this culture are contrary to those of the larger society.

2, organizational rigor

Underworld organizations have a strict organizational structure and a pyramid-like structural model. It has a detailed division of crimes, strict discipline, cruel punishment and a large number of members.

3. Behavioral violence

This is a distinctive behavioral feature of underworld organizations. His behavior generally meets the constitutive requirements of other violent crimes, such as intentional homicide, intentional injury, rape, robbery, kidnapping and so on. Even if some underworld organizations do not use violence on the surface, there is violence behind them. Once other means fail to achieve the goal, it will expose its original ferocious face.

4. Economic wealth.

This is not only the foundation of the existence of underworld organizations, but also one of the main goals of their behavior. Underworld organizations frantically collect money through various illegal and criminal means, and then use the money to carry out new criminal activities.

5. Political corrosiveness

Collusion and collusion between officials and bandits is a major feature of underworld organizations. From the historical investigation of ancient and modern China and foreign countries, it is difficult for underworld organizations to survive for a long time without the "cooperation" of government officials. It is an important feature of underworld organizations to win over and corrupt government officials and even directly develop into members of underworld organizations.

6. Local hegemony

That is to say, underworld organizations are entrenched in a certain area, claiming hegemony in an attempt to realize their deformed "value" of life and the so-called "ideal" of controlling society in order to seize political capital. For example, Sicily is to the Italian Mafia, Taiwan Province Province is to the Zhulian, and Hong Kong is to the underworld.

Underworld organization is a unique legal concept in China at present, which means that some criminal groups have the nature and main characteristics of underworld organizations, but the scale and degree of organization have not fully reached the standards of underworld organizations, and they belong to the intermediate form of criminal groups' transition to underworld organizations.

Three, the elements of the underworld organization

According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Gangland Organizations (adopted by the Judicial Committee on February 4, 2000148, Law Interpretation [2000] No.42), the gangland organizations stipulated in Article 294 of China's Criminal Law should generally have the following characteristics: (65438) (2) Through illegal and criminal activities or other. (3) luring or forcing state functionaries to participate in the activities of underworld organizations or providing them with illegal protection by means of bribery or threats; (4) in a certain area or industry, by means of violence, threats, harassment, etc. , wantonly engage in illegal and criminal activities such as extortion, bullying, trouble-making, intentional injury, etc., seriously undermining the order of economic and social life.

The academic circles generally believe that the so-called underworld organization refers to a criminal organization that organizes illegal and criminal activities by violence, threats or other means, dominates one side, does evil, oppresses and harms the masses, and seriously undermines the economic and social order, so it is similar to the underworld organization.

Some scholars believe that since China's reform and opening up, the development of underworld (nature) crimes is generally a stage every 10 year. The first stage, from the end of 1970s to the end of 1980s, was characterized by the emergence and growth of a large number of criminal gangs, while a considerable number of criminal gangs were transformed into underworld organizations. The second stage, 1990 to 2000, is characterized by the rapid transformation from gang crime to underworld crime, the accelerated maturity and transformation of underworld organizations, and the emergence of individual underworld organizations; The third stage is 10 year after 2000, which is characterized by the maturity and transformation of underworld organizations. At the same time, criminal gangs will continue to appear in large numbers, and criminal gangs will continue to transform into underworld organizations. That is, criminal gangs, underworld organizations and underworld organizations coexist and transform to a higher level at the same time. In addition, it is believed that Chinese mainland's underworld organizations and overseas underworld organizations collude with each other and will develop into transnational criminal organizations sooner or later.

We believe that underworld organizations and underworld organizations are only low-level and high-level in the development stage, and there is no difference in essence. From the analysis of the underworld organizations exposed at present, its constituent elements should be:

1, objective factor

Violence, collecting money and corruption are the three major behavioral characteristics of current underworld crimes, which maintain the survival of underworld organizations. Underworld organizations advocate violence and bullying, showing a strong smell of blood; It is precisely because of violence and arrogance that they engage in a series of illegal activities such as extortion, bullying and extortion. At the same time, it constantly corrodes government officials, expands its influence and seeks an umbrella.

(1) violence

The main manifestations are: first, making waves and killing innocent people. Underworld organizations are mostly composed of criminals with bad records, and their bad character makes them easy to be rogue and hurt innocent people to satisfy their unbalanced mentality. For example, criminal organizations in Yingkou section of Liaoning Province injured more than 20 people with weapons/KLOC-0; Han's criminal organization in Macheng, Hubei Province committed 1 14 hooliganism cases in just two years. In March of 20001year, a shocking case occurred in Guangzhou: the victim Wang Junming, director of the office of Hunan Hengyang Automobile Transportation Corporation in Hutian Bus Terminal in Guangzhou, was retaliated for refusing to pay the "protection fee" to the gang and reporting the case to the public security organ. His left hand was chopped off 27 times, his right hand was chopped off 6 times, 10 fingers were cut off (five of them were taken away), and the hamstrings of both feet were cut off. The culprit of this tragedy is his compatriot, Guo Hua, the leader of the underworld criminal organization "The Axes". Second, playing with women and committing adultery crazily. Playing with women is one of the basic evils of underworld organizations, and almost all the crimes of underworld organizations have exposed their crazy animal side. Wu criminal organization in Yancheng, Jiangsu, raped dozens of women in two years.

(2) Wealth gathering

The main manifestations are: first, extortion and collection of "protection fees". This is one of the most common criminal activities of underworld organizations, and it has almost become its label feature. Every underworld organization must make a living in this way. For example, Li Faquan's criminal organization in Yichang, Hubei Province was formed by more than 65,438+000 social criminals. It is divided into food gangs, fish gangs, fruit gangs, clothing gangs and guest gangs. It has established spear class, knife class and pistol class, and is equipped with advanced communication and transportation tools. It intercepts vehicles and ships in urban sections and docks, extorts money and collects "protection fees" every year. Second, bully the city and take evil things. This is another means of "making a living" for organized crimes of underworld nature. For example, Pan's parents' criminal organization in Qiqihar, Heilongjiang once controlled the three major markets of vegetables, fruits and steel in the city, and threatened and seized guns with thugs in the market. Duan Hongxi, the principal criminal of Duan's criminal group in Yingkou, Liaoning Province, and Zhang Baoan, the "Ma Zi", forced the owner of the meat stall to "pay tribute" in the name that the German shepherd they raised wanted to eat pig lungs, which accumulated more than 2,500 kilograms in two years. Third, engage in illegal activities such as smuggling, pornography, gambling, lending and debt collection. Getting involved in a variety of illegal industries and conducting a variety of "operations" is an important factor in the vicious expansion of underworld organizations. For example, the Houlinshan criminal organization in Houma, Shanxi Province is an underworld organization mainly engaged in theft and smuggling of cultural relics. They run amok in the countryside, monopolizing one side, doing evil for more than ten years, and colluding with overseas cultural relics criminals to establish fixed addresses for selling stolen goods in Xi 'an and Guangzhou. At the same time, it also used illegal income to set up so-called "economic entities" in Houma, Guangzhou and Macao to collect money. After the incident, more than 0/000 pieces of cultural relics/kloc-and a large number of properties such as cars, guns, police equipment, communication and camera equipment were seized, valued at 8.3 million yuan. Opening casinos, organizing prostitution, usury and violent debt collection are also the traditional businesses of underworld organizations.

(3) Corrosiveness

The reason why underworld organizations are so rampant is directly related to their efforts to build a "network of relationships" and seek a "protective umbrella", which is also a common feature of underworld organizations all over the world. Some even developed into a family of officials and bandits, bullying the people; Some government officials themselves have become leaders or members of underworld organizations. According to the report of the Ministry of Internal Affairs of the Russian Federation (1999), Russia cracked 384 gang crimes committed by the personnel of the internal affairs organs (1998), and 260 gang crimes were completed by the personnel of the internal affairs organs in collusion with outsiders. In recent years, cases in Shenyang, Shijiazhuang and other places in China also have evidence that some leading cadres, even senior leading cadres, have close ties with underworld organizations.

2. Main elements

As a form of organized crime, underworld organizations have many members and tight internal organizational structure.

(1) membership diversity

Item 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Underworld Organizations stipulates: "The organizational structure is relatively strict, the number is relatively large, there are relatively clear organizers and leaders, the backbone members are basically fixed, and there is relatively strict organizational discipline." So, what are the specific criteria for a large number of people? In judicial practice, some people are limited by the bottom line of the number of criminal groups, that is, "three people." We think this is inappropriate. As a higher-level criminal organization than criminal groups, underworld organizations must be more strictly recognized that "circles" cannot be drawn too large. Otherwise, it will not only confuse the boundary between underworld organizations and general criminal groups, but also be detrimental to effectively curbing and cracking down on real organized crime. As an underworld organization, the number of its members should be at least nine, that is, the minimum standard should be three times the bottom line of the number of ordinary criminal groups. In fact, most underworld organizations have a dozen or dozens of members, and some even have more than 100 members.

(2) organizational rigor

Underworld organizations have clear organizers and leaders, fixed basic backbone members and strict internal discipline. Moreover, some members have become professional in crime, that is, organized crime of underworld nature is the only occupation and means of survival. This kind of members are deeply subjective and vicious, and their personal danger is great.

It is worth noting that some rural underworld organizations now have a strong clan color. The most senior patriarch is often the "big brother" of this organization, and cruel and strict family rules are the rules and regulations of underworld organizations. Clan right itself has a strong feudal patriarchal consciousness and family concept. Although it does not necessarily lead to underworld organizations, if it is combined with narrow local consciousness and concepts, it is easy to exclude foreigners on the basis of violence for the benefit of their hometown. Once married to criminal desire, it will become a triad organization. A few economically developed towns and villages set up private militia groups, openly supported soldiers and respected themselves, and practiced feudal landlord rule, which developed to the point of confrontation with local administrative and judicial organs. It must be nipped in the bud and must not be tolerated.

3. Subjective factors

The underworld organization is intentional in the subjective aspect of crime, with the purpose of seeking illegal economic interests, and tries to occupy a certain sphere of influence and dominate one side. Grasping illegal economic interests is the premise and foundation for the existence and expansion of underworld organizations. Strictly speaking, every underworld organization is engaged in illegal economic activities, seeking economic monopoly in a certain region or industry, and it is backed by violence. In addition, underworld organizations also try to control the political and cultural fields in certain areas and act as the "second government".

Organizers, leaders and some key members of underworld organizations usually have criminal personality. Personality is a psychological concept. According to the general theory of psychology, it refers to the sum of individual's stable and unique psychological characteristics, which determine people's explicit behavior and internal psychology and make them stable to others. The criminal personality here refers to the specific psychological characteristics of the actor, which is internal, relatively stable, subjective and malignant, and is different from the antisocial behavior tendency of normal people. Is a serious antisocial personality. We believe that when studying organized crimes of underworld nature, we should strengthen the criminal personality analysis of its members, especially the ringleaders. This will help us to grasp the context and trajectory of his crime, explore the deep-seated reasons for his serious crime, and find effective ways to prevent and contain it.

In a word, the above three elements must be both necessary and indispensable when identifying underworld organizations.

Fourth, the boundary between underworld organizations and other organized crimes.

The underworld organization is essentially an organized crime, of course, it is a more advanced form. There should be a subordinate relationship between underworld organizations and organized crime, that is, organized crime includes underworld organized crime. So, what is the difference between underworld organizations and other organized crimes?

1, and the boundary of gang crime.

The crime of ganging refers to two or more people ganging up to commit one or more crimes, but there is no fixed organizational form. It is characterized by a temporary partnership crime, which usually ends after committing one or more crimes. Therefore, they are "loose" accomplices, with no obvious ringleaders and no fixed important members, often in groups of three or five; The target of criminal activities is unclear, which has certain contingency and blindness.

The term gang crime has different understandings in academic circles, which is confusing in practice. Strictly speaking, gang crime is not a legal term. It is generally believed that it has the characteristics of both gang crime and group crime, and is the intermediate form of the transition from the former to the latter. Both gang crime and gang crime belong to the low-level form of organized crime, which is very different from underworld organizations.

2, the general boundaries of criminal groups

A criminal group refers to a criminal organization where more than three people gather closely and commit one or more criminal activities for many times. According to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security's Answers to Several Questions about the Specific Application of Law in Handling Group Crimes, its characteristics are: (1) There are a large number of criminals (more than three), and the important members are fixed or basically fixed; (2) Frequently gathering people to commit more than one serious criminal activity; (3) Having obvious ringleaders; (4) committing a crime in a planned and premeditated manner; (5) The social harmfulness and danger are serious.

In judicial practice, underworld organizations are easily confused with general criminal groups, which are also called XXX groups. They are indeed similar. Criminal groups with many members and engaging in various crimes may rise to a higher form-underworld organizations. However, the constitutive requirements of underworld organizations are stricter than those of ordinary criminal groups, such as the former endangering public safety and the latter not necessarily; The criminal behavior of the former is more complicated and diverse than the latter, and the harmful consequences are more serious; The former has a stricter organizational structure and more members than the latter; The former has the subjective purpose of seeking illegal economic benefits and trying to dominate one side, while the latter has no such requirement.

3, the boundaries of corporate crime

Corporate crime is also called enterprise crime, and the current criminal law in China calls it unit crime. Corporate crime is relative to natural person crime, which refers to the behavior that legal person carries out to endanger society in order to obtain benefits. There is an important principle in Roman law that "association cannot commit a crime", that is, it is considered that a legal person has no criminal responsibility, cannot be punished and cannot become the subject of crime. This theory has always been accepted by criminal laws of various countries. It was not until the second half of the19th century, with the development of capitalist commodity economy, the scope of legal person's activities gradually expanded, and the business activities of legal person endangering society correspondingly increased, that people denied the above principles and listed legal person as the subject of crime. Scholars in different countries have different understandings of corporate crime. Ronald Kramer, an American scholar, believes that corporate crime refers to the illegal or harmful behavior caused by the intentional decision made by the directors of the company according to the business objectives of their organization. Japanese scholar Aso Li Sheng believes that corporate crime is all crimes related to enterprise activities, including employee crime, manager crime and corporate organization crime. China scholars also have different understandings.

However, scholars all over the world believe that corporate crime should have the following four characteristics: (1) the purpose of the act is to seek benefits for the legal person; (2) The act is made in the name of a legal person; (3) The implementation of the act is approved, authorized or entrusted by the legal person decision-making body in the normal decision-making procedure; (4) The result of the behavior harms the society and infringes on the legitimate rights and interests of others.

There are essential differences between corporate crime and organized crime (including organized crime of underworld nature). The former is a group with legal status. Although infected with crimes, they are still fulfilling their social responsibilities and engaging in normal production and business activities. The latter is illegal in itself, and its existence is entirely based on criminal activities.

4, the boundaries of terrorist organization crime.

There are both connections and differences between organized crime of underworld nature and organized crime of terrorism. International terrorism is a kind of organized crime that has appeared in Europe, the Middle East and South America since 1960s. They are mainly engaged in violent activities such as hijacking planes, kidnapping hostages and making explosions, which once alarmed the western world. For a long time, the international community has tried to effectively curb terrorist activities through international cooperation and formulated some international conventions. At present, organizations engaged in terrorist activities have appeared in some areas of our country, which have begun to threaten public safety. Article 120 of China's criminal law stipulates the crime of organizing, leading and participating in terrorist activities. Most foreign criminal codes stipulate organized crime and terrorist organization crime in the same chapter.

There are similarities between terrorist organizations and underworld organizations, that is, they are both violent and their actions endanger people's lives and property. However, terrorist organizations usually carry out violent activities with political purposes, which can be aimed at national leaders or political organizations, or at unspecified people, or by destroying public facilities and public property to achieve their terrorist activities; The main difference between underworld organizations is that they mainly aim at plundering economic interests and generally have no political purpose against a country.

5. Boundaries with illegal armed groups

As mentioned above, most foreign criminal codes stipulate the crimes of illegal armed groups, organized crimes and terrorist activities in the same chapter. The term illegal armed group does not appear in China's criminal law, but Article 1 04 of Chapter1of the Specific Provisions stipulates the crime of organizing, planning and carrying out armed rebellion or armed riot, which is close to the crime of organizing illegal armed groups. The difference between organized crime of underworld nature and this crime is similar to organized crime of terrorist activities. Illegal armed groups generally have political goals, and some even aim at overthrowing the current government, and they are publicly revealed through armed violence on a certain scale. Underworld organizations mainly aim at plundering economic interests, and generally have no objection.