Home Categories political economy i see chinese secret society

Chapter 30 The Reasons and Enlightenment of Taiwan's Anti-Blackness "The More Anti-Blackness"

i see chinese secret society 孔祥涛 13104Words 2018-03-18
Peng Bangfu (Ph.D., Civil Society Research Center, Nanjing University) Underworld activities are rampant in Taiwan. Under the pressure of the public security situation, the Taiwan police continue to launch anti-crime operations, and make unremitting efforts to limit and curb the criminal activities of the underworld from the aspects of legislation and eradicating the economic foundation of the underworld. More, the more anti-mafia, the more evil it is to review the pros and cons of Taiwan's anti-mafia, and its "lessons learned from the past" can provide some useful enlightenment for the ongoing special struggle of "fighting gangsters and eradicating evil" in the mainland.

1. The anti-criminal measures of the Taiwan police and the reasons for "the more they fight, the more black" In the late 1940s, with the collapse of the Kuomintang's rule in the mainland, a large number of Kuomintang military and political personnel fled to Taiwan. Some members and other social dregs also took the opportunity to flock to Taiwan. The original gang activities revived and spread rapidly.Since the 1950s, gang organizations of all sizes in Taiwan have sprung up like mushrooms after rain.Some of them are small in scale and are only short-lived; some of them, after several years of expansion and mergers, have developed from unscrupulous youth gangs in the early stage to underworld organizations with large organizations and strong economic strength, such as the Bamboo Union Gang, Sihai Gang, Tiandao, etc. League and so on.According to Taiwan police statistics in 1998, there are 490 underworld gangs in Taiwan, and the number of gangs under police supervision is more than 8,000. Among them, the three major gangs of Zhulian Gang, Sihai Gang, and Tiandaomeng each have about 2,000 people.These underworld organizations are engaged in criminal activities such as shooting and killing people, smuggling arms, robbing banks, smuggling drugs, kidnapping for extortion, occupying territory, merging each other, rigging bids, and attacking the police, leading to the deterioration of the public security situation.According to statistics from Taiwan's "Ministry of the Interior", from 1951 to 1985, Taiwan's criminal cases increased by 6 times. A poll in early 2001 showed that 75.5% of the respondents were dissatisfied with the security situation.

In view of the chaos of law and order and the boiling public grievances, the Taiwan police have successively adopted a series of anti-criminal measures when the Kuomintang and the Democratic Progressive Party were in power. (1) The main anti-gang measures of the police 1.In November 1984, led by the "National Security Bureau", the "One Clearing Project" anti-crime operation was launched, which opened the prelude to a large-scale anti-crime campaign in the province.All parts of the province acted in a unified manner. In addition to Kaohsiung City, gangsters were arrested in major counties and cities such as Taoyuan, Xinyi, Chiayi, and Tainan.From the implementation of the project to the end of 1985, the police arrested a total of 20,372 underworld figures and gangsters. In 1988 and 1989, the police successively implemented the "Jing'an Project" and "Anmin Project" with the main targets of attacking members of the Tiandao League, the Zhulian Gang and the Four Seas Gang. , The "Security Bureau" directly commanded to launch the "Second Qing Project" anti-crime operation code-named "Xunlei Project", targeting several major gang organizations such as the Zhulian Gang and the Sihai Gang.By the end of that year, the police had carried out nine comprehensive anti-crime operations, and nearly 400 triad leaders were arrested, including more than 90 triad leaders. In 1991, the Taiwan police carried out a wave of anti-crime operations every month. In April 1995, the entire island of Taiwan simultaneously implemented the "Peace Control Project" led by the "National Security Bureau" and planned by the "Criminal Police Bureau" to investigate and eliminate "super hooligans". Level "big brother" as the target.As of April 1997, about 500 triad leaders and members including Zhulian Gang, Sihai Gang, Songlian Gang, Tiandao League, and Zhizun League were arrested, including one "National Congress representative" and 28 local "public opinion representatives" people. In September 1997, the police across Taiwan simultaneously implemented the "three-in-one" anti-crime campaign of "Zhiping", "Xunlei" and unscrupulous gang projects, and spot inspections and searches. In November, the Taipei District Prosecutor’s Office issued arrest warrants for eight triad leaders including the Bamboo Union Gang, Sihai Gang, and Tiandaomeng former and former gangs in accordance with the “Organized Crime Prevention Regulations” and other crimes. The statute of limitations is 25 years.After the Democratic Progressive Party came to power, Chen Shui-bian repeatedly declared that "there is no discount in the fight against gangsters" and that the fight against gangsters should be the main axis of governance. black" object.

2. "Purification of election law and order" Taiwan's police authorities have adopted some anti-criminal measures to "purify election law and order" during each election of "legislators", "national representatives", "county mayors", and "township chiefs".For example, before an election at the end of 1992, Taiwan's "Police Administration" set up the "Purification of Public Security Project" in July 1992 ahead of schedule, and decided to implement the "Purification of Public Security in Elections" program every two months from August 1. The large-scale anti-crime operation targets "local leaders" and gang leaders in various parts of Taiwan who may use violence to intervene in elections, and lists 101 persons with serious circumstances as the targets of summons. In January 1995, Taiwan's "Ministry of Justice" completed the proposed revision of the "Public Official Election and Recall Law", which clearly defined the terms for preventing gangsters from participating in elections, and stipulated that anyone who commits six crimes such as guns and drugs, and who was twice punished by hooligans Those who have been punished by probationary training are not allowed to run for public office.However, "in order to encourage rehabilitation", it is added that those who have not committed crimes again within five years after the execution or have not committed crimes again after ten years of initial training, can stand for election.Therefore, this law has not played a deterrent effect on the underworld's participation in elections. In August 1996, in conjunction with the anti-crime operation of the "Peace Project", the Taiwan authorities carried out an unprecedented political anti-crime campaign. All "representatives of public opinion" with black backgrounds were included in the investigation objects, so that everyone from the "Legislative Yuan" to the local councils The underworld "Mindai" all emphasized their innocence, or went overseas to avoid the limelight.As of May 1997, a total of 459 underworld members were investigated and dealt with in various parts of Taiwan, including 25 with the status of "public opinion representatives", and the highest level was "National Congress Representative" Cai Yongchang. During the "County and Mayor Election" at the end of 1997, Taiwan's procuratorial agencies accepted more than 210 "election" cases of various types, including more than 160 cases related to election bribery. Before the election in November 2001, the Taiwan police launched several waves of Taiwan-wide anti-crime operations, arresting Feng Zhonghao, Zhang Liangxu, the former head of the "Xiaotang" and the current head of the Bamboo Union Gang, including Chu Zhuguang. A group of gangsters.

3.Crack down on pornography, gambling and drugs.Public prostitution exists legally in Taiwan, and the existence of the public prostitution system has led to the proliferation of pornographic venues and pornographic activities, and pornographic venues are often the dark dens where gangsters live and the source of many public security problems.Therefore, in recent years, the theory of abolishing prostitution has often arisen. In 1997, Chen Shui-bian, the then "Mayor of Taipei," ordered Taipei to abolish public prostitution from September 6 on the grounds that it was "immoral."However, due to the heavy pressure, not long after, Taipei City announced that it would postpone the abolition of public prostitution, and instead conduct a "safety inspection" on public prostitution halls and then officially open for business after passing the security inspection.The police also carried out some sweeping activities against private prostitutes.For example, in March 1999, Taipei City launched the "March 28 Project" aimed at "sweeping prostitution in the common sense" to carry out sweeping operations in the weathered areas, surrounding areas, and other areas where private prostitutes tend to gather.In order to curb gambling, the Taiwan police also often combine anti-crime operations to raid professional casinos.For example, in February 1995, Taiwan's "Police Administration" issued an order to the police in all regions to "comprehensively strengthen the sweeping of professional casinos" requiring all localities to report and prosecute professional casino operators who meet the requirements for inspection and elimination of hooligans in accordance with the law; Behaviors such as casinos and collecting illegal benefits must be "strictly dealt with."In view of the proliferation of drugs, which seriously affected social security, in November 1991, the "Investigation Bureau of the Ministry of Justice" established a "Joint Anti-drug Task Force" and set up full-time personnel to trace drug trafficking cases for a long time. In September 1992, the "Executive President" Hao Baicun issued an order at the public security report meeting, requiring relevant units to study and amend the law, increase the sentencing of drug dealers, and restore the death penalty for drug trafficking crimes. In October, Taiwan's "Ministry of the Interior" revised and approved by the "Executive Yuan" the "Reward and Punishment Measures for Banning Tobacco and Drugs" and promulgated. The "Measures" greatly increased the rewards for reporting smoking and drug cases. In March 1999, Taiwan's "Ministry of the Interior" reviewed and approved the "Measures for Rewards and Punishments for Drug Prevention" to cooperate with the authorities' "declare war on drugs" policy.

4.Severely punish "money laundering" In view of the fact that the claws of the underworld extend to all walks of life and obtain illegal profits, relevant departments in Taiwan have adopted a series of measures, such as rectifying special industries and the performing arts industry, preventing the underworld from intervening in bid rigging, and legislation to prevent the underworld from investing in "legal" enterprises and Other ways of "money laundering" and so on. In April 1995, the draft of the "Money Laundering Prevention Law" formulated by the "Ministry of Justice" was passed, specifying that financial institutions should establish a suspicious transaction reporting system, and those who "launder money" shall be sentenced to five years in prison and a heavy fine. In April 1997, the "Investigation Bureau" established the "Money Laundering Prevention Center". After the "Center" was established, in the past two years to February 1999, it handled more than 1,600 money laundering cases, and cooperated with the United States, Russia, Japan and other countries China's law enforcement agencies have cooperated in the investigation and handling of multiple cross-border money laundering cases.After the Democratic Progressive Party came to power, it set up the "Black Gold Action Center". "Action Plan" project meeting, Yan Dahe, director of the Procuratorate Department of the "Ministry of Justice", announced to the media during the meeting the three consensuses reached at the meeting, namely: the priority should be to wipe out gang leaders and local bullies; Establish a dedicated ICAC; actively conduct bribery investigations, conduct long-term monitoring of specific objects suspected of bribery in previous elections, cut off the money and contacts of bribers, and put an end to the trend of bribery.He also stated that the meeting decided to "improve the anti-black gold legal system", "establish an action group, strengthen reconnaissance", and "take strong measures to prevent black gold, and launch a national anti-black money campaign" as the future action guidelines for anti-black money.

5.Legislative rule black.The main basis for Taiwan's law enforcement agencies to crack down on and deal with the activities of underworld gangs in the early days was the "Regulations on Prosecuting Hooligans during the Mobilization and Suppression of Rebellion" in July 1992. The Department "reviews the current laws and studies the plan to counter the organized crime of the underworld.He believes that referring to foreign legislation and anti-gangster experience as a lesson from the past is the first step for Taiwan's public security agencies to "open fire on the underworld" in the future. In March 1995, after the "Ministry of Justice" completed a comprehensive investigation of the anti-gangster laws and anti-gangster practices of judicial agencies in Italy, Japan, the United States, France, Singapore, Hong Kong and other countries and regions, it formulated the establishment of a dedicated anti-gangster organization, strengthened The direction of efforts is to protect witnesses or informants, encourage triad members to rehabilitate, and use undercover and informant methods to dismantle triad organizations. In December 1996, Taiwan's legislature passed the "Regulations on the Prevention and Control of Organized Crime" to legally define the concept and characteristics of underworld organizations and other organized crimes, and stipulated clearer penalties.

6.Set up a full-time agency to give full play to the power of the people.In the process of cracking down on crime organized by underworld organizations and strengthening public order, the public security authorities often set up various specialized agencies at any time to deal with some prominent public order issues in a centralized manner. In 1997, after Bai Xiaoyan, the daughter of Taiwanese film and television artist Bai Bingbing, was kidnapped and her ticket was torn up, six anti-kidnapping groups were established in Taiwan, and each county and city was required to set up similar organizations.Taiwan's public security authorities also paid attention to seeking the cooperation of the public, formulated a police-civilian cooperation plan, and generally established non-governmental police stations to implement joint defense in order to strengthen social security and strengthen anti-mafia forces.Liao Zhaoxiang, the former "police chief" of Taipei City, advocated the implementation of the "Community, Neighborhood and Household Joint Defense" watch-to-help plan, aiming to make criminals "can't come in, hide, move, and escape", and establish the equivalent of a "private police station". Thousands of household joint defense strongholds.Police patrol teams were set up in each community, and the local police station gave full support.In order to implement this plan, at the beginning of the establishment of these "private police stations", the police provided part of the funds and security equipment, and sent some retired police officers to give guidance.

(2) The reason for "the more anti-criminals become more, the more anti-criminals" can be seen from the above. The Taiwanese police have taken great pains to crack down on criminals.But the actual effect is not ideal. In 1984, when the Taiwan authorities launched the "Yiqing Project" anti-crime operation, there were 1,408 registered gang organizations. After the "Yiqing", the activities of the underworld fell silent for a period of time, but soon revived, and many gangs launched new gangs. The "boss" revived, and many new gang organizations emerged. By the end of 1988, all members of the "Yiqing" discipline and training were released one after another, and many gang members returned to their old jobs. In 1990, there were 460 underworld gang organizations in the province, with more than 5,000 members.By 1994, the number of organizations had increased to 1,236, with 10,582 members.

In 1996, there were about 1,000 gangs and criminal organizations in the whole province, of which 126 gangs and criminal organizations had already taken shape. In 1998, the total number of underworld organizations according to police statistics was still 490.Some underworld organizations are still committing crimes against the wind. Not long after the "Pingping Project" began in August 1996, on November 21, "Taoyuan County Magistrate" Liu Bangyou was wiped out; Rape and murder.The series of anti-crime measures taken by the Democratic Progressive Party after it came to power has also failed to fundamentally curb the activities of the underworld. Some "big brothers" of the underworld are still openly active in the political arena as "legislators". A public opinion survey in 2001 showed that 85% of the people did not believe that the problem of underworld politics can be completely resolved.Therefore, Taiwan's anti-gangsters generally have little effect, and it is showing a trend of "more and more anti-criminals, and more and more anti-criminals".

The main reasons for this situation are as follows: 1.Black gold politics is rampant, and it is difficult to completely fight against black money.Underworld politics is one of the important features of Taiwan's "black money politics" and has "become a weird landscape in Taiwan's politics."A senior Taiwanese professor who has deep research on the underworld and local factions pointed out that Taiwan’s underworld forces are now undergoing a major transformation: from the "social underworld" in the 1960s to the "economic underworld" in the 1970s and then into the 1980s. The "political underworld" in the 1990s shifted from local to central.The underworld forces' involvement in politics started with election support, and then changed from a supporting role in the election to a leading role, acting as local public officials at all levels, and then marching into the central government, becoming "legislators" or "National Congress representatives" since Taiwan implemented local autonomy in 1946. From the very beginning, underworld organizations began to intervene in election activities in various places.There are two cases of underworld involvement in elections: one is that some underworld forces forcibly intervene in elections, intimidating, extorting or charging land fees from candidates; A "big brother" figure sits in town and serves as the commander-in-chief of the campaign office. Due to the involvement of the underworld, every election in Taiwan is often full of violence.Some underworld elements take advantage of the election to "whitewash" their identities. In Taiwan's political circles, there are many "big brothers" from the underworld, from local township mayors, county and city councilors, to central "National Congress representatives" and "legislators". Minister of Justice Liao Zhenghao revealed in the Legislative Yuan that among the more than 850 county and city councilors in Taiwan, more than 280 have gang backgrounds and criminal records; among the more than 170 provincial and municipal "mindai", 40 have gang backgrounds.According to the data disclosed by Taiwan's "Ministry of Justice", by November 1996, among the approximately 500 "central" level "public opinion representatives" including "legislators" and "National Congress representatives", 25 to 50 had gang backgrounds. ten to twenty percent of the total."Organs of public opinion" at all levels have gradually become umbrellas for triad figures. The leaders of the underworld not only use their status as members of parliament to protect themselves, but also influence the decisions of the police and other units of the "government" through the parliament, and can take public projects to earn huge profits in order to strengthen themselves. Strength.Some "representatives of public opinion" tipped off triad figures during anti-crime operations, and even provided shelters.Taiwanese newspapers said that "the underworld has the ability to call the wind and rain", "these black money forces have gradually taken an important position, and even have the right to speak in the regular meeting of the Kuomintang Central Committee" and have reached the point of "ubiquitous, omnipotent, and omnipotent".The Kuomintang, which once used underworld forces to win elections and consolidate its political power, is "almost under the control of the underworld" and has formed a state of "underworld ruling the country" as described by the people.After the DPP came to power, some underworld "representatives of public opinion" are still very active.According to reports, on March 28, 2001, when the underworld boss "Brother Luo" used violence against the female "legislator" Li Qing'an in the "Legislative Yuan", the police who stood aside to maintain order turned a blind eye.Not long ago, at the grand funeral of a "black gold political" figure in central Taiwan, not only Japanese and Taiwanese underworld figures participated, but also politicians from multiple political parties including the Democratic Progressive Party also came to pay homage.Some media sharply pointed out that the DPP takes its mission to flaunt anti-"black money politics", but after taking power, it "began to degenerate" and everything starts with "whether it is beneficial to its own rule." Helping the opposition party, whether it is black or white, will not end well." He believes that the DPP is "on the road to black money politics" and "will combine with a new black money force to form a more serious black money political network." The proliferation of "black gold politics" and the involvement of the underworld in the political arena are the fundamental reasons why Taiwan's anti-criminalism is difficult to be thorough. 2.The "economic foundation" of the underworld is so strong that it cannot be lost.The underworld has an inseparable relationship with pornography, gambling, and drugs, and all underworld organizations started with the operation of pornography, gambling, and drugs.They intervene in the pornographic and gambling industries, act as "bodyguards" and thugs, and collect land fees and "protection fees". Some pornographic and gambling establishments themselves are operated or controlled by gang organizations.Taiwan's underworld organizations also cooperate with underworld organizations in the United States, Japan, Hong Kong and other places to traffic drugs.The American "Washington Times" reported on January 28, 1986 that 20% of the heroin consumed in the United States in 1985 was smuggled into major cities in the United States from Taiwan, Hong Kong and other places by international Chinese criminal organizations. In June 1991, the United States seized the largest heroin smuggling case in history, worth more than 1.5 billion US dollars. The four suspects involved in the case were all Taiwanese with ties to the underworld.Since the 1980s, especially after the "Yiqing Project", some large underworld organizations have focused on establishing "legal" companies and enterprises, and embarked on the road of "corporatization" and "enterpriseization".For example, Chen Qili, the boss of the Zhulian Gang, invested in and operated enterprises through Quan'an Enterprise Organization and Cheng'an Industrial Company; the Taolue Group owned by "Military Advisor" Zhang Anle included more than 20 enterprises.In the late 1980s and early 1990s, the Four Seas Gang successively set up construction companies, construction factories, gas wholesale companies, transportation companies, etc., forming a model of "supporting brothers through enterprises".Most of the "big brothers" in the gang are investors with strong economic strength.Recently, according to media reports, there are currently 100 gangs and gangs in Taiwan, and nearly 5,000 underworld elements are involved in the top ten industries in Taipei City, including entertainment, hotels, construction, and transportation. Taiwan's underworld gangs are more engaged in "legal" business activities, and they are becoming more and more "enterprise-oriented" and "modernized". The organization of large-scale black enterprises eventually floated from the ground to the ground. 3.The underworld owns guns and dares to compete with the police.The underworld organizations carry out crazy violent crimes, and even dare to openly confront the police, which is related to their possession of a large number of black guns. According to relevant data, from 1983 to 1988 when Taiwan implemented the "Regulations on the Control of Guns, Ammunition, and Knives" in Taiwan, a total of 7,409 illegal firearms of various types were seized by public security units.In 1989, the public security units seized 9,789 illegal firearms, and the number of firearms is increasing.This is only the number seized by the police, and the number of firearms that have fallen into the hands of underworld organizations should far exceed this number.Taiwan’s black guns are not only huge in number, but also in a complete range of varieties. The guns seized by the police alone include automatic rifles, Uzi submachine guns, shotguns, Browning pistols, American grenades, homemade time bombs, and powerful "66" rocket launchers, etc. .Some of the firearms seized by the Taiwan police are more sophisticated than the guns used by the police.Since the early 1980s, many triad figures in Taiwan have been engaged in the gun sales business, and their actions are semi-public and extremely arrogant.Xu Jinde of the Damiao Gang was the largest arms dealer that emerged during this period. The arms smuggling group headed by him was called the "powder depot of underworld activities." From 1983 to 1986, Taiwan's public security units seized a total of 2,400 illegal guns of various types. , 30% of which came from the hands of Xu Jinde and his group. In February 1999, the Taipei police uncovered a large underground arsenal of the Songlian Gang. During two search operations, a large number of guns and ammunition were found, including 14 long and short firearms, more than 6,000 rounds of various bullets, and hand grenades from the military. arms. Recently, it has also been discovered that underworld organizations such as the Zhulian Gang and the Sihai Gang are engaged in online gun sales.Officials from Taiwan's "Criminal Bureau" said that the guns smuggled into Taiwan came from 20 countries, and Taiwan has become a veritable "United Nations" of black guns.The influx of black guns has escalated violent crimes. At the same time, gangsters own guns, making it more difficult for the police to crack down. 4.With the internationalization of gangster activities, it is difficult for the police to crack down on gangsters abroad.Taiwan's underworld organizations continue to extend their tentacles outside the island and expand their overseas living space. Their activities involve many countries and regions in Asia, America and even Africa.Many triad leaders hid abroad in order to evade the crime crackdown, and still commanded criminal activities on the island remotely. At the same time, they joined forces with criminal organizations in other countries and regions to become cross-border criminal organizations.For example, in August 1996, before and after the anti-criminal operation of Taiwan's "Peace Control Project", more than 50 elder brothers including Huang Shaocen of the Zhulian Gang, Zhao Jinghua of the Four Seas Gang, and Wu Tongtan of the Tiandao League went to Taiwan. Macao avoids the limelight; the Bamboo Union Gang also set up a branch in Hong Kong - "Overseas Chinese Hall". After the Taiwan authorities opened up the public to visit relatives in mainland China in 1987, a large number of Taiwanese triad members also took the opportunity to cross the Taiwan Strait.According to estimates from Taiwan's "China Times Weekly", in the early 1990s, there were about 200 underworld "big brother" figures who sneaked into the mainland of China.These underworld elements who entered the mainland collaborated with criminals in the mainland to engage in criminal activities such as smuggling, drug trafficking, gambling, counterfeiting currency, and trafficking in women.Taiwan's underworld organizations have also joined forces with the Japanese "Yamaguchi-gumi" and "secret societies" in Southeast Asia to engage in illegal activities such as drug, smuggling, and human trafficking, and even went as far as South Africa to carry out criminal activities such as kidnapping, extortion, and murder.The activities of the underworld outside the country have objectively increased the difficulty for the police to crack down on the underworld.A chief prosecutor of Taiwan's "Prefectural Prosecutor's Office" in charge of the "Peace Project" once said with emotion that because some gang organizations in Taiwan have cooperated with local gangs in the United States, Canada, and Southeast Asia for a long time, the underworld elements, especially some "big brothers" It is very easy to rely on "relationships" to obtain local legal residence documents and identity certificates, so that even if the Taiwan police know their activities well, they are helpless.A "big brother" of the underworld once pointed out bluntly that in some countries, the police assisted Taiwan in "sweeping gangsters" because the "big brothers" of the underworld were priced according to the "market price" of each person, such as the "big brother" of the number one murderer Yang Shuangwu. "Market Price" is NT$1 million. When he was arrested and brought to justice in 1990, the police in the arresting country played the role of the reward recipient.However, if the "big brother" can spend more than the "market price" after being captured overseas, most of them will not be deported. 4.Legislation is "biased" towards criminals, and law enforcement has many disadvantages, making it difficult to deter crime.When Taiwan's "Legislative Yuan" enacts or amends criminal laws, it often puts too much emphasis on protecting the rights and interests of criminals, such as greatly relaxing parole regulations and formulating rehabilitation clauses, etc., too much consideration is given to the "human rights" of criminals, while the protection of the rights of victims is useless.Sentences are set too lightly, and the attitude of criminal justice personnel towards suspects is very casual. For example, the police transfer more than 100 kidnapping suspects every year, but when it comes to the prosecution system, only 20 people are prosecuted, and finally they are convicted in court. Those are few and far between.A murderer who has been sentenced to more than 10 years in prison is likely to commit another crime after three or four years in prison.The lenient punishment is actually a connivance of criminal behavior.Taiwan's "United Daily News" pointed out: These strange phenomena, which can only be seen in Taiwan's judiciary, have ravaged the chastity of "judiciary is the last line of defense of justice" beyond recognition!After Bai Xiaoyan was kidnapped and killed, Bai Bingbing condemned Taiwan's judicial system through friends, believing that the real murderer should be a "legislator" who set too light a sentence. Indiscriminate use of heavy codes" In addition to the legislative sentencing is too light, the law enforcement agencies are also full of drawbacks.Many police officers have entangled relationships with underworld elements, or use underworld figures as informants, and rely on each other;Some of them are "hooligans and robbers in uniform" and gangsters to engage in criminal activities such as prostitution, gambling, and bank robbery. This is an important reason why previous anti-crime operations have been vigorous but with little effect. 5.There have been "talented people" from generation to generation in the underworld, and it is difficult for the police to eradicate the roots.The problem of juvenile delinquency in Taiwan is very serious. In 1983 and 1986, Taiwanese scholar Hsiao Hsin-huang conducted two public opinion surveys on Taiwan's "social problems", and the "serious" and "social problems" that topped the list were juvenile crimes.According to data released in 1988, Taiwan's juvenile crime ranks first in the world.According to the incomplete statistics of the "Seminar on Juvenile Delinquency and Countermeasures" in Taipei City, in 1982 there were 231.4 juvenile delinquents per 100,000 people in Taiwan, and it increased to 322.6 per 100,000 people in 1987. In 2009, there were 787 juvenile offenders per 100,000 people, and a juvenile criminal case occurred approximately every 28 minutes.This crime rate is much higher than that of developing countries and regions, and is also significantly higher than that of developed countries and regions. The situation of youth gang crimes is very prominent, and many gang organizations in Taiwan are unscrupulous youth gangs.Since the 1950s, there have been "Little Nine Dragons", "Four Overlords", "Thirteen Taibao", "Dragon and Phoenix Gang", "Blood League Gang", "Pirate Gang", "Guting Eight Birds" and other various There are gang organizations with different names, each gang has dozens of members or hundreds of members, each has its own organizational system, gang rules and regulations, and has its own territory. The criminal activities are almost the same as adult gangs, and some have developed into organizations. Strict underworld organizations, such as the Bamboo Union Gang and the Four Seas Gang, were all developed from the original youth gangs. At the end of March 2001, a large-scale triad fire broke out in Ximending, Taipei City. Members of the "Sihai Gang Haitang", "Bamboo Union Gang Zhantang", "Tiandaomeng Sunhui", and "Wanguo Gang" participated in the fighting .Police arrested 48 teenagers, 25 of whom were students in junior high, high school and college.The rise and fall of youth gang organizations is an important reason why underworld crimes continue to be cracked down and banned. 2. Some revelations from Taiwan’s anti-gangsters to the mainland’s “fighting gangsters and eradicating evil” Since the 1980s, some criminal organizations with the nature of gangsters have emerged in some cities and rural areas of our country. According to relevant experts’ estimates, the number of them has exceeded 100 million (including those who have been dealt with).These triad-like criminal organizations have not only retained the "tradition" of secret association activities in the history of our country, but also accepted the "experience" of modern organizational management of overseas gangsters, especially in Hong Kong, Macao and Taiwan regions. Background support.Some of them run rampant in the countryside, some bully the market, and some use companies and enterprises to cover criminal activities.Its harm has attracted great attention from the government and the whole society. Since 2000, my country's public security organs have launched a vigorous nationwide campaign of "cracking down on gangsters and eradicating evil" and eliminated a group of black and evil forces with great public anger. "Learning from people, you can understand the gains and losses" summarizes and draws on the experience and lessons of anti-gangsters in history and overseas, as well as the pros and cons, so as to avoid detours.Taiwan’s anti-criminal “the more anti-mafia, the more black” can provide me with the following enlightenment for “struggling against gangsters and eradicating evil”: (1) We must destroy the “protective umbrella” of the underworld and strictly prevent the underworld from participating in politics.This is the root cause of the anti-gangster strategy. Some criminal organizations with the nature of the underworld that have emerged in China attach great importance to the relationship with the government, especially the law enforcement agencies.Using various methods such as bribery and threats to find "protective umbrellas" in party and government agencies and law enforcement agencies. Relevant experts pointed out sharply that "collusion between the police and bandits, and the collusion between officials and bandits is an open secret." The main obstacle of the gangsters" "To crack down on gangsters, we must first fight against corruption."In the Ministry of Public Security's "98 No. 1 Underworld Case"—the Changchun Liang Xudong gang case, a total of 35 party members and cadres were involved, including 12 cadres above the division level, 23 cadres above the department level, and 23 party members.Among the 35 people, there are 10 police officers, 5 prosecutors, 4 judges, and 5 judicial police officers.These people either used their powers to seek benefits for Liang Xudong, or washed away and covered up crimes for Liang Xudong and his gang members. "Characters who all make sense.Behind the Shenyang Liuyong triad organization, there are also several "big trees" such as Liu Bin, the former procurator of the Shenyang Municipal People's Procuratorate, Gao Mingxian, deputy director of the Heping District Labor Bureau, and Jiao Meigui, president of the Municipal Intermediate People's Court and vice chairman of the CPPCC.The Zhejiang Wenling Zhangwei triad gang case supervised by the Ministry of Public Security involved 42 officials from party and government agencies, 15 officials from judicial agencies, and 10 officials from financial institutions. Wei Zhong and others.The leaders of some underworld organizations also do everything possible to "participate in politics" or gain political capital.Zhang Wei from Wenling, for example, won titles such as member of Taizhou Youth Federation, honorary president of a newspaper in Zhejiang, vice president of Taizhou Young Entrepreneurs Association, and vice chairman of the Yidu CPPCC in Hubei Province through donations and other means.Liang Xudong from Changchun was transferred to the Changchun Public Security Bureau through his connections. He used the convenience of public security work to make friends with a large number of public officials and weave a personal "relationship network" to provide protection for his illegal and criminal activities.He said: "I can get along well in society because I have three knives: the first knife, I am a policeman, who dare not be afraid of me; the second knife, I am a gangster, who dares to disobey me; the third knife Dao, I have a network, and someone is covering me, who can do anything to me?" After being arrested, he yelled frantically: "There are people above me who can get out in a month or two!" Therefore, in order to eliminate all crimes, we must first destroy the "protective umbrella" of the underworld. In December 2000, the Supreme People's Court passed the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Crimes of the Underworld Nature" clearly stipulated that: state organs Workers who organize, lead, or participate in underworld organizations shall be severely punished.At the same time, it is also stipulated that in order to make triad organizations and their members evade inspection and ban, the staff of state organs leak information, conceal, destroy, forge evidence, prevent others from testifying, report and expose, instigate others to give false testimony, help escape, or obstruct other state organs Acts such as the lawful banning of staff members are "covering" acts; state agency staff who fail to perform their duties in accordance with the law and indulge gangster-like organizations in illegal and criminal activities are "conniving" acts.For staff of state agencies who cover up and condone underworld organizations to carry out illegal and criminal activities across borders; cover up and condone overseas underworld organizations to carry out illegal and criminal activities within the territory; 1. If the order of social life is severely disrupted by gangland organizations; causing the organizers and leaders of gangland organizations to escape, or causing serious obstacles to the work of banning gangland organizations, etc., severe punishment shall be given.It provides a legal basis for the "protective umbrella" to crack down on underworld forces in accordance with the law.Strict precautions should also be taken against underworld forces intervening in politics.It is necessary to learn the lessons of the "underworld governing the country" condemned by the people of Taiwan, strengthen organizational review, and strictly prevent people with underworld backgrounds from using elections or using money to pave the way to intervene in politics. (2) It is necessary to eradicate the economic basis for the existence and growth of underworld organizations. Some underworld organizations that have emerged in our country also have a "primitive accumulation" of committing money-grabbing crimes and using "legal" means such as starting companies and enterprises to establish an "economic system". basis" process. The main means of "primitive accumulation" are collecting "land fees", "protection fees", drug trafficking, smuggling, fraudulent loans, etc. Since the 1980s, there have been street tyrants, village tyrants, road tyrants, fishermans who illegally monopolize a certain industry or rely on collecting "land fees" and "protection fees" to parasitize within the "sphere of influence" of a certain region. Gangsters, Caiba and other underworld organizations with the color of feudal gangs.In recent years, the serious situation of drug crimes has a lot to do with the fueling of some underworld organizations.Some underworld organizations are involved in the operation of some pornographic establishments. 1999年底,全国人大教科文卫委员会对重庆、云南、海南等地的娱乐场所调查发现,不少地方娱乐场所色情陪侍活动大量存在,由此产生的卖淫嫖娼相当猖獗。这些色情场所的背后,既有公安机关及其他政府部门工作人员为不法经营者充当保护伞(被称为“白道”也有带黑社会性质势力的渗透(被称为“黑道”。有的黑社会组织从事贩卖毒品活动,辽宁的沈阳、鞍山、丹东、营口、阜新等城市已形成“地下毒品一条街”;古丝绸之路,目前几乎已成“贩毒之路”走私和骗贷,也是一些黑社会组织起家的资本。浙江温岭黑社会头子张畏依靠曾任打私队长、刑侦队长、保安公司经理的李志毅,进行走私、骗贷活动,利用非法所得建立的“东海集团”拥有温岭宾馆、明珠宾馆、东海储蓄所、东海房地产、东海珠宝等企业实体。张畏还因此被台州市树为企业家的典型,担任台州市企业家协会副会长。长春梁旭东黑社会组织也通过走私和骗贷等手段聚敛钱财,进而形成了总资产达2000万元的餐饮娱乐企业集团。某地方公安机关负责人一针见血地指出,在多种所有制并存的历史条件下,多数黑社会性质犯罪组织以非公有制经济实体为其存在形式,“表面上是依法注册的公司,实质是犯罪组织的大本营;表面上是公司经理、保安及雇员,实质上是黑社会性质犯罪组织的首领和骨干;表面上是从事合法经营活动,其实质是进行各种罪恶勾当”。因此,要打击黑社会性质的犯罪活动,必须狠狠打击黄赌毒及走私、骗贷犯罪活动,并严厉打击以各种“合法”面目出现的“洗钱”犯罪活动,铲除黑社会赖以生存的经济基础,这样才能真正从治本的角度遏制黑社会的犯罪活动。 (三)必须严刑峻法,充分发挥法律的震慑作用从台湾反黑的教训看,对于黑社会组织的犯罪活动,必须严刑峻法才能起到应有的惩诫作用。早在20世纪90年代初,沿海一些黑社会活动比较突出的省份,就出台了惩治黑社会活动的地方性法规。如1993年11月,广东省人大常委会通过《广东省惩处黑社会组织活动规定》依照《中华人民共和国刑法》和有关法律的规定,结合广东省实际,规定对于参加黑社会性质组织的人员,构成犯罪的,依法追究刑事责任;尚未构成犯罪的,实行劳动教养或处以罚金。并规定对举报、揭发黑社会性质组织及其违法犯罪活动的有功人员,给予奖励。深圳市也结合本市的实际制定了反黑法规。2000年12月,为配合全国性的“打黑除恶”专项行动,最高人民法院发布《关于审理黑社会性质组织犯罪的案件具体应用法律若干问题的解释》根据刑法有关规定,对审理黑社会性质组织的犯罪案件具体应用法律的若干问题作出解释。明确界定了《刑法》第294条规定的“黑社会性质的组织”所具备的特征,并明确规定对于黑社会性质组织的组织者、领导者,按照其所组织、领导的黑社会性质组织所犯的全部罪行处罚;对于黑社会性质组织的参加者,按照其所参与的犯罪处罚。应该说,这个司法解释解决了“打黑除恶”行动中具体应用法律的难题。 但仅以司法解释的形式,远不能适应斗争形势的需要。黑社会犯罪是有组织犯罪的一种重要形态,从其历史渊源、组织的严密程度及其社会危害性来看,应该说是有组织犯罪的最高形式。鉴于我国目前黑社会性质犯罪活动的严峻现状、其活动造成的严重社会危害,及短期内难以根除的发展趋势,应着手制定专门的反黑法律;同时在执法中,公、检、法等部门必须步调一致,从严从重。只有这样,才能充分发挥法律应有的震慑作用。 (四)坚持打早打小,防范黑社会犯罪升级我国境内出现的黑社会性质的犯罪组织多是20世纪80年代以后滋生和发展起来的,从目前打掉的一些组织的情况看,多是初露头角的暴力型犯罪组织,其活动也多限于一定的区域,具有“社区型”的特点。但一些趋向值得注意:一是一些黑社会组织致力于建立经济基础和寻找“保护伞”组织化程度越来越高,还有相互联合的趋势。 1989年5月,曾有300多名全国各地黑社会性质“帮会”组织的代表会集青岛崂山,以“求道学武”为名讨论联合事宜。各地“帮会”还酝酿成立“全国联邦协会”选举执行机构及领导人。二是青少年帮伙犯罪日益突出,公安机关查破的很多带黑社会犯罪组织是由青少年组建的。据新疆公安机关统计,该自治区的青少年犯罪率在20世纪五六十年代为1/10000,目前已上升到6%。青少年犯罪中团伙和黑社会性质的犯罪占20%。2000年8月,福州公安机关摧毁了一个由在校学生组成的黑社会性质的组织,成员中年龄最大者19岁,最小的仅14岁,其中9人为福州某中学学生。他们从事拦路抢劫活动二十余起,并制造了“7.25”抢劫杀人案件。台湾的黑社会组织,很多都是由初期的青少年不良帮派,经过几十年的兼并扩张及与警方的周旋过程中逐渐发展成熟起来的,因此,必须汲取台湾打黑的教训,坚持“打早”、“打小”的方针。“打早”是指必须将黑社会组织消灭在萌芽状态;“打小”是指必须密切关注青少年犯罪。对于黑社会性质的犯罪活动,不能任其坐大,或为了体现执法的“战绩”而刻意等“养肥了再杀”以致养痈遗患,尾大不掉。要特别注意防范和打击涉枪犯罪,要结合缉枪治爆专项斗争,严厉打击黑社会势力介入制贩武器的犯罪活动,防止黑社会暴力犯罪升级。 (五)必须做好“长期作战”的思想准备台湾几十年的反黑史启示我们:黑社会有着顽强的生命力,“根”不除则打不尽。在我国历史上,各种类型的秘密结社十分活跃,特别是近现代历史上,青红帮等黑社会组织的活动影响深远。我国境内出现的黑社会组织的犯罪活动,有着深厚的历史背景,同时与社会转型期的诸多社会矛盾有着密不可分的关系,这种客观存在的适宜黑社会滋生的土壤和条件,不可能在短期内消除,因此打黑就不可能“毕其功于一役”随着我国加入WTO后境内外人员流动的增加,境外黑社会组织及人员入境活动的情况会增多,境内黑社会组织还会汲取境外有组织犯罪的“经验”而更趋成熟,并会与境外黑社会分子勾结联手,从事跨境犯罪活动。对此应未雨绸缪,早作防范。要“长期打算”必须建立一支专门的打黑队伍;同时要大力加强调查研究工作,在深入调查的基础上,及时研究黑社会活动的规律和特点,研究总结历史上和境外应对黑社会犯罪的经验和教训,提出符合我国国情的标本兼治的反黑良策。
Notes:
Press "Left Key ←" to return to the previous chapter; Press "Right Key →" to enter the next chapter; Press "Space Bar" to scroll down.
Chapters
Chapters
Setting
Setting
Add
Return
Book