Interpretation Of The Characteristics Of "Evil Forces" Crimes And Judicial Determination

In 2018,the Central Committee of the Communist Party of China and the State Council deployed a three-year special anti-crime campaign to fight against evil,and across the country,a wave of anti-crime crimes was launched.The legal term " evil forces" has a long history in China' s administrative and judicial theory and practice.The original definition refers to the public security organs in our country in order to effectively carry out severe crackdowns and punish illegal crimes,to describe those who have certain forces and can produce large an illegal and criminal organization that is economically and socially harmful and has the characteristics of a rogue gang.Unlike the crime of clearly specifying triad organizations,the Criminal Law does not define evil forces,and can only be recognized and punished by virtue of practical experience and the spirit of the past political and legal work conferences.With the deepening of the special fight against wickedness and evil,the political and legal departments have dug deeply into criminal cases and dealt a strong blow.However,in terms of how to correctly distinguish between evil and evil forces,how to effectively prevent evil forces,and how to conduct criminal identification,etc.Many problems plague the grassroots.The existing documents and criminal policies that involve evil forces and crimes are difficult to adapt to the needs of the special fight against evil in the new era,solve practical problems,and respond to the eager expectations of the broad masses of the people.In 2018 and 2019,the Supreme People' s Court,the Supreme People' s Procuratorate,the Ministry of Public Security,and the Ministry of Justice jointly issued the "Guiding Opinions on Handling Criminal Cases of Gangsters" and " Opinions on Handling Criminal Cases of Gangsters".The two normative documents set out the general ideas and requirements for handling all kinds of criminal cases involving evil forces,clarified the basic legal concepts of evil forces and criminal groups of evil forces,and the standards for the identification of evil forces.Economic criminal policies deal with cases involving evil,which have important theoretical significance and practical guidance for handling criminal cases of evil forces.Based on the current normative documents related to evil,this article attempts to analyze the criminal characteristics of evil forces by understanding the concept evolution and determination of evil forces,combined with the doubts and difficulties found in the cases of identifying evil forces in practice,and put forward corresponding countermeasures for evil forces.The practice of criminal judicial determination provides a certain reference significance.This article is divided into four parts except for introduction and conclusion.The first part is the concept of“evil forces”crime.By explaining the origin and development,determination and connotation of the concept of evil forces crimes,the legal concept of evil forces is qualitatively introduced from the perspective of criminal policy and social valueThe second part is the interpretation of the criminal characteristics of"evil forces".Combining the existing cases,the characteristics of evil forces are divided into four aspects:organizational characteristics,economic characteristics,behavioral characteristics,and harmful characteristics.The criminal behaviors of evil forces are carefully identified and analyzed.The third part is the analysis of the problem of the determination of"evil forces" crime.Combining with the current situation of combating evil forces in China,it puts forward the doubtful legal basis for criminal determination of evil forces.It is difficult to quantify the criteria for judging social hazardsThe fourth part is the improvement of the criminal identification of"evil forces"crime.In view of the outstanding issues in the judicial determination,it proposes the legislation of crimes of evil forces,strict control of the norms of crimes of evil forces,the legislation and clarification of "soft violence",and the society.Specific measures such as hazardous standards.