On Criminal Countermeasures Concerning Of Organized Crimes

The great social harm and the overall impact of criminal and evil forces represented by organized crimes is increasingly becoming "the plague and malignant tumor", which destroys each country’s political, economic and social order. How to reform and improve the existing legislation and the judicature and to explore the countermeasures to fight against the evil forces of crime theoretically and practically, has become a common concern of nearly all countries. At present, China’s legislation on attacking the crimes of the evil forces is lack of focus, system, advancement, and completeness, together with certain bottlenecks in the judicial practice, which makes it difficult to meet the requirements of attacking the organized crimes and the ardent desire of the masses of the people. Therefore, we must base on the reality of our nation, absorb and learn from foreign experiences, study the concept, characteristics and behavior attributes of the evil forces, analyze the defects and deficiencies arising from combating the organized crimes in the administration of legislation and justice, in order to provide references for the policy maker to prevent and combat this social cancer effectively.The paper is mainly divided into five parts. With the thought of first clarifying the concept and characteristics of the object of study, then analyzing its behavior properties, therefore discussing the deficiencies in the system of countermeasures, finally recommending the legislative and judicial measures, based on the behavioral characteristics of the evil forces, this paper studies and analyzes the existing difficulties, hot ansd controversial topics in the current anti-crime work from a practical point of view. By distinguishing and analyzing the behavior of the evil forces, this paper divides the evil forces in the judicial practice into two categories:internal behavior and external behavior. Internal behavior includes the establishment of criminal organizations, the behavior of maintaining the existence and stability of criminal organizations, seeking to enhance the overall strength, the development and the growth of criminal organizations. External behavior refers to the criminal behavior carried out by the evil forces to the counterparts, the victims, and the society. In the implementation of practice, it mainly appears as the behavior of violence, threatening, soft violence and bribing officials. This paper focuses on the behavior of soft violence in the external behavior, which takes the lead in the related studies in our country. It maintains that in essence soft violence is psychological violence, which is the behavior of affecting, compelling and controlling others’ inner choice and expression of their true intention besides physical violence. According to the practical cases, this paper distinguishes the behavior of soft violence into five categories as nuisance to the lives of others, disturbance to work order, gathering to try to be brave, prominent notoriety and violation of personality. Based on the practical expression forms of the soft violence of the evil forces, this paper elaborates on its essential attributes and comes up with legislative and judicial countermeasures and suggestions punishing the organized crimes including the soft violence of the evil forces.