《联合国打击跨国有组织犯罪公约》实施的刑法和犯罪学问题

Abstract:The “treaty-made criminal law” is always agreed upon by the nations in the process of negotiating and ratifying international treaties，it is hardly completely consensual. United Nations Convention Against Transnational Organized Crime adopted middle-of-the-road，consensual approach with respect to many controversial issues，especially with respect to the duty to criminalize or introduce particular measures.The convention most probably will not meet with serious resistance in national parliaments during the ratification process and will be accepted without major reservations throughout the world.According to this common understanding，to do something about the problem of organized crime，both on national and international levels，intensive application of criminal sanctions is required. This does not mean，that organized crime constitutes solely a matter of repression；other，non-repressive measures may and should play an important role.Organized crime does not constitute solely an issue for criminal law.This is a much broader issue for proper prevention strategies within economic structures，business and financial community，state and local administration，etc.It should also be an important subject for action plans aimed at the society as a whole.So the implementation of the criminal law provisions of the convention，both substantive and procedural，has to be accompanied by a broad spectrum of supportive and preventive measures.Meanwhile，implementation of the convention is largely a matter of political will，Which constitutes a precondition for its effectiveness.

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