Identification Of "Evil Forces" In Criminal Justice

Against the backdrop of fruitful achievements in the current campaign against crime,the fight against crimes committed by evil forces faces many new problems and challenges.Through to 479 copies of the written judgment empirical statistics,data analysis and case study,it is not hard to see the current criminal justice for the evil forces that exist:six evils related expression of boundary points is not clear that the practice of chaos,evil forces identifying main body dislocation and trial functions,evil forces standard and deficient of expanding the three prominent problems.The interaction of the three major issues not only becomes an important obstacle to the"accurate and effective fighting",but also easily leads to the "amplification" and"indexation" of the fight against crime,which should be paid enough attention to.There has been a long history of unclear demarcation of related expressions,and the mixed use of evil forces and their related standards by public security and judicial organs has become a precondition for the clarification of the standards for the identification of evil forces.From the perspective of historical lineage,the emergence,development and establishment of the expression of evil forces in legislative activities can be roughly divided into five nodes.According to the existing legislation standard level,the scope of judicial application,the academic research level and other basis,six kinds of evil force related expression can be divided into three grades,namely evil force,evil force criminal group two kinds of expression for the concept of law;The two kinds of criminal gangs are sublegal concepts.Criminal organizations of evil forces and criminal gangs of evil forces are far from legal concepts.The problem of identifying the malposition of subjects is mainly caused by the interlacing of two major reasons:tradition and criminal policy.In fact,the main body of the identification of evil forces is dislocated from the judicial organs to the leading group of the special fight against crime at all levels,which is not only a common defect of administrative discussion and coordination organs,but also endowed with new characteristics in the cases of crimes involving evil.Its essence is a departure from the trial-centered and substantive trial,and its consequence is to make the important circumstances of sentencing break away from the judicial framework,thus resulting in the uncertainty of sentencing.To solve this problem,there are two major internal and external obstacles,namely,administrative agencies are unwilling to transfer and judicial organs are unwilling to accept.It is not only the main cause of a large number of controversial cases in practice,but also the biggest inducement that may lead to the expansion of anti-crime.There are at least four flaws in the existing criteria for determining the power of evil:frequent,multiple,relatively vague;For non-evil,oppression of the people and other conditions unknown;In a certain region or industry,causing a relatively bad social impact and other expressions and the same expression in the provisions of the distinction between unclear;Whether the reference of "evil force criminal gang" and"evil force criminal organization" is unclear.To solve the above problems,we should at least start from the three dimensions of norms,subjects and standards,and introduce more detailed judicial interpretation or guiding cases as soon as possible.It is necessary to strengthen the status of the expression of the legal concepts of evil forces and evil forces criminal groups,regulate the expression of evil forces and evil forces criminal gangs,and avoid the use of evil forces criminal organizations and evil forces criminal gangs.The function orientation of administrative discussion and coordination organs should be clarified to put an end to their practice of issuing "confirmation of evil forces in writing",so that the judicial organs will become the sole subject for the determination of evil forces.Delete the literary and colloquial expressions in the article and directly include the specific identification criteria such as the number of people and the number of crimes into the definition of evil forces,so as to make the article more operable and avoid the misunderstanding of judicial organs and the divergence of interpretation in the academic circle.