刑法修正案(八)在罪状表述上首次以立法的形式明确了黑社会性质组织的特征,在刑罚配置上提高了法定最低刑,设置了刑罚梯度,增设了财产刑,进一步贯彻了宽严相济的刑事政策。但是在组织特征、附加刑设置、累犯制度等方面还存在着许多不足之处,亟有待进一步完善。 Amendments to the Criminal Law (8) For the first time in the statement of guilt, the characteristics of a mafia-based organization are clarified in the form of legislation, the statutory minimum penalty is set on the distribution of penalties, the penalty gradient is set, the property penalty is added, and the criminal policy. However, there are still many shortcomings in the aspects of organizational characteristics, setting of supplementary punishment and recidivism system, which needs further improvement.