The Criminal Law Response To The Rural Evil Forces

Crimes committed by evil forces are widespread in various regions of China,especially the adverse effects and harmful consequences of evil forces in rural areas,which have become the "stumbling block" of rural governance.No matter the governments or judicial organs at all levels,their determination to fight evil forces is beyond doubt,but the methods and strength of the fight are insufficient and weak.Therefore,it is necessary to study the criminal law regulation of the related evil forces.The evil forces in rural areas are scattered in every corner of rural society,and their specific types are diverse,including the evil forces of rural gangsters,village bullies and clans.These evil forces intersect with each other and form a network of relationships.Among them,the rural gangsters are divided into the low-level small gangsters and the middle-level gangsters who have a wide range of human resources and the people who walking on the edge of the law forces behind them.The village bully is divided into the village official type village bully,the rogue type village bully and the clan evil force type village bully,the clan evil force may be the village bludger,also may be the village bully.The relationship network formed by these evil rural forces with unclear boundaries has brought great harm to the rural society.Damage the credibility of the government;Hindering the freedom of the rural masses;Infringing upon the personal and property interests of the rural people;Destroy the good morals of the countryside;Disrupting the normal judicial process.However,the current legal system has not conducted a reasonable and appropriate response to the relevant acts and results.Whether the public security penalties or some pocket crimes in the criminal code,they both can't make gray forces of evil forces get a correct punishment,and some specific behavior(such as interference,destroy the grass-roots election)did by the evil forces cannot be managed properly.At the same time,the punishment of the village cadres who are related with the evil forces cannot be adapted for their illegality.Therefore,it is necessary to deal with the rural evil forces by criminal law.The purpose of the criminal law's response to the rural evil forces is not to exclude them from the social community,but to combine education and punishment correctly.Only by evaluating and punishing their behaviors correctly and making them understand what is wrong with their behaviors they can be truly educated.Only when the crime is punished,the justice can be truly achieve.Therefore,the criminal law to deal with rural evil forces still uphold the basic concept of human rights protection,adhere to the humanitarian.Its legality and rationality are also supported by the theory of crime essence.Among them,the norm violation of rural evil forces is reflected in the following aspects:first,the violation of social ethics norms by small gangsters and social norms of acquaintances.Second,the village official type village bully to the special occupation standard violation.Secondly,the infringement of legal interests caused by them mainly includes the infringement of personal legal interests and social legal interests.The second is the violation of the rural social peace;Third,the violation of the good customs of the rural society;Fourth,the violation of the management order of the rural society.At the same time,from another point of view,they have a serious breach of duty.At the same time,using the criminal law to respond to the rural evil forces,is the only way to ensure that the principle of culpability and punishment can be adapted to achieve.In order to deal with the rural evil forces in criminal law,we should add legislation and explain it.For those that can be amended on the basis of relevant charges in the current criminal law,try to adjust the constitutive elements of the crime,such as the crime of damaging the election;However,for those behaviors and consequences that cannot be properly evaluated by the current criminal law,separate legislation should be carried out,including the crime of undermining the autonomy of the masses and the crime of organizing,leading and participating in the network of evil forces.Finally,while carrying out relevant legislation,attention should be paid to clear and detailed legislation and judicial interpretation of relevant definitions to ensure the correct implementation of laws.