(Adopted at the 27th Meeting of the Standing1 Committee of the Ninth National People's Congress on April 28,2002)
颁布日期:20020428 实施日期:20020428 颁布单位:全国人大常委会
Having discussed the implication “organizations in the nature of criminal syndicate”prescribed in the first paragraph of Article 294 of the Criminal Law, the Standing Committee of the National People's Congress gives the interpretation2 as follows:
“Organizations in the nature of criminal syndicate”prescribed in the first paragraph of Article 294 of the Criminal Law shall, at the same time, possess the following characteristics:
(1)the criminal organization is relatively3 stable, with a relatively large number of members, definite organizers or leaders, and basically fixed4 backbone5 members;
(2)it gains economic interests through organized illegally acts, criminal acts or other means, with a certain amount of economic strength to support its activities;
(3)it has committed organized illegal and criminal acts on many occasions through violence, threat or other means, perpetrating outrages6, riding roughshod over or cruelly injuring or killing7 people;
(4)through committing illegal and criminal acts, or taking advantage of protection and connivance8 by State functionaries9, it plays the bully10 over an area, exercising illegal control and wielding11 illegal enormous influence over a certain area or trade, thus seriously disrupting the economic order and people's daily activities.
This Interpretation is hereby announced.