Study On The Difficulies And Countermeasures Of Combating "Evil Forces" Crime

The promulgation of the "Guiding Opinions" clarified the criteria for the identification of evil forces.It is mainly embodied in two aspects.On the one hand,it continues to emphasize the connection between the evil forces and the underworld organizations,that is,the former is the prototype of the latter,and the two have different organizational forms.On the other hand,an adjustment has been made to the organizational form of evil forces,and the "criminal gangs that have not yet formed a triad-like organization" have been revised to "illegal criminal organizations that have not yet formed a triad-like organization",and the evil forces are clearly called "organizations".It is not called a "gang",which not only raises the level of organization of evil forces,but also raises the threshold for identifying evil forces.Although the Guiding Opinions regulates the concept of evil forces,it is only a document of judicial interpretation.Its effectiveness is relatively low compared to criminal law,and it also affects the correct application of existing norms to evil forces.The law stipulates all crimes and penalties,and the legal interpretation can only be carried out within a certain scope and cannot exceed the scope of the law.In the context of the special struggle against evil,the public security organs will mistakenly exceed the scope of the "Guidance Opinions" due to the pressure of indicators,and often identify common joint crimes as evil forces.At the same time,the further improvement and development of the concept of evil forces is also limited by the lower level of effectiveness of the Guiding Opinions.If we want to further standardize the concept of evil forces,we must not limit the provisions of the general principles of criminal law to general joint crimes when we punish evil forces,and even increase the new crimes against evil forces.Obviously,this has entered the legislative level.It needs to be specified by the Criminal Law.Therefore,the author suggests in the article that we can consider increasing the crime,amending the crime,increasing the property penalty and the qualification penalty to make up for the deficiencies in the legislation,and making it more legal and normative when punishing the evil forces.The development of any thing has certain rules.In practice,the establishment of underworld organizations is not achieved overnight.Basically,it is gradually developed and developed by common crimes and evil forces.The basic view is that "evil forces" are the embryonic form of the underworld organization,if not properly regulated and Strikes will gradually develop into a triad-like organization.China's criminal legislation ignores this objective law,does not prevent the growth and development of organized crime in a timely and effective manner,and neglects the criminal policy demand for organizing crimes of the underworld nature,often only unilaterally stressing This kind of high-level criminal organization often turns a blind eye to the evil forces that have already had some underworld organizations.On the other hand,if there is no certain punishment standard,the criminal policy of “playing early and playing small” should be overemphasized,and when it punishes evil forces to organize crimes,it should be strict and strict,and criminals of evil forces should be treated as crimes of underworld nature.The principle of legality of a crime is even contrary to the idea of governing the country according to law.However,if we adhere to the principle of legality of crimes and punishments,according to the existing regulations,China's punishment for evil forces will be handled in accordance with joint crimes,and it will not be able to fight against evil forces,not only highlighting evil forces,but also opposing common crimes against society.The serious harm is not conducive to the prevention of the development of organized crime,resulting in inappropriate crimes.The evil forces can't do without the "protective umbrella" when they are in a big situation.Therefore,when cracking down on evil forces,they must dig deep into the "protective umbrella" behind the evil forces and prevent the evil forces from growing with the help of "protective umbrellas."The judicial department must unify the case.The public security organs shall fully understand the harmfulness of the evil forces in organizing crimes,monitor the security situation in their jurisdictions in a timely manner,and supervise the key personnel;the procuratorial organs shall arrest the evil forces as soon as possible,promptly prosecute,and the criminal record of their members and The conduct of misconduct is investigated and verified;when the court is trying to grasp the essence of the problem,the law is accurately applied,and it is determined in conjunction with the spirit of legislation.Therefore,in order to effectively curb the development of organized crime,avoid the breeding of evil forces,and reduce the difficulties in the process of attack,we must punish evil forces in time to organize crimes.