关键词: 黑社会性质组织, 司法审判, 刑事没收

Abstract: Regarding the crime of organizing， leading， and participating in the underworld organizations， there exist four main problems in the current judicial adjudication as follows. The criminal circle of the criminal offense of the underworld organizations is determined too flexibly. When the property is confiscated， the scope of the confiscation， especially the confiscation amount， is decided too freely. In the judgment， the circumstances of illegal income confiscation are stated ambiguously. There is no general distinction between legitimate property and property of the organized crime groups. Therefore， the court in the trial of the crime needs to first straighten out the relationship between the underworld organization and related concepts， and combine the four legal characteristics of the organization while paying attention to protecting the legal property of the offender.

Key words: the underworld organization, judicial adjudication, criminal forfeiture