Abstract:
The interpretation of the characteristics of illegal control of mafia-style organizations faces the problems of blurring the definition of “certain area”, expanding the category of “certain industry”, and relatively reducing the degree of control. Neither the legal interests of stable and peaceful economic and social order nor the legal interests of public sense of security can distinguish the mafia-style organized crime from the specific crimes in nature. The nature of mafia-style organized crime is to infringe on the authority of the state to effectively manage and control the society, so it is necessary to adhere to the position of restrictive identification. The interpretation of “certain area” should clarify the lower limit of the area in terms of functionality, scale, and openness, and the objects of control and domination should include different industries and “consumer groups”. In addition, it is imperative to understand the relationship between illegal control and major influence from the perspective of the domination of criminal facts, and make an overall judgement on the situation of excluding the characteristics of illegal control by comprehensively considering the space-time environment of specific cases.