On The Class Identification System Of Evil Forces

In the context of the crucial period in the special struggle against the mafia-like organization and evil,the judiciary has been promoting the standardized development of the identification of the evil forces on the basis of summing up practical experience,and has initially set up a criminal justice model from the evil forces to the nature of organized crime,which although the basic meet the "anti-crime" in the initial stage of the judicial work needs.But the cognizance and punishment of the crime of evil force still faces some new challenges and new problems,one of the most important reasons is the flatness of cognizance mode.Based on the theory and methodology of criminal class,this paper attempts to integrate and improve the identification model of evil forces,and construct a hierarchical identification system of evil forces.In addition to the introduction and conclusion,this paper is divided into four parts:In the first part,151 samples of the criminal judgment of evil forces are systematically sorted out and comprehensively analyzed after the issue of the opinions on some problems in handling criminal cases of evil forces.On the basis of empirical data,this paper gives an overall description of the current situation of the identification of evil forces,and then explains the prominent characteristics of evil forces criminal organizations from three aspects of the number of organizations,the number of crimes and the distribution of charges.The second part,on the basis of empirical data to explain and demonstrate the plane of evil forces identified by the model in practice derived from the problem.Under the plane thinking,the concept of evil power is not strict and its usage is confused both in the standard level and the practice level.In addition,since the plane identification model fails to strictly distinguish the objective elements from the subjective elements in the identification of evil forces,therefore,in the face of the elements of the elements of principle,abstract strong specific factors such as the weak rational,identify the scope of improper expansion and so on.The third part analyzes the methodological value of refining the theory of criminal class and draws lessons from it to the identification of evil forces.The system of criminal class theory makes it clear that the establishment of a crime must satisfy the two elements of "wrongfulness" and "responsibility",and insist on the judging method from objective to subjective,from form to substance,at the same time,the theory of criminal stratum strictly distinguishes the elements of crime constitution and Crime Prevention.Based on the methodology of the theory of criminal stratum,we should analyze the elements of the identification of evil forces on the basis of "objective ? subjective" and re-integrate them according to the pattern of "criminal nature" ? "involving evil nature",the essence of the pattern from "criminal nature" to "evil-related" is the pattern of "from formal identification to substantive exclusion" established under the guidance of criminal policy.In this model,the "criminal" class is composed of organizational elements and behavioral elements.The judgment of this class is the formal judgment of the evil forces.The "malignant" stratum,which can be used for the one-way exclusion of the identification of the evil force,is the essential judgment of the evil force's "malignant" from the objective to the subjective level.The fourth part,uses the stratification recognition system to solve the realistic question.The stratification of the concepts related to the evil forces should be based on the historical background of the emergence of the concepts related to the evil forces and make clear the connotation and extension of the concepts related to the evil forces.When the scope of relevant concepts is clear,the principle of legality should be taken as the basic principle to integrate them into different classes,so as to eliminate the concept which appears frequently in practice but lacks legal basis.As a normative confirmation procedure,the pattern of the identification of the evil forces strictly limits the logical order among the elements,so as to avoid the problems of the improper extension of the scope of the identification of the evil forces and the lack of rationality.The hierarchical thinking mode and the hierarchical identification system have also effectively solved the problem of distinguishing between the Evil Force Criminal Group,the Common Criminal Group and the mafia-style organizations,thus forming a three-dimensional form among them,in order to avoid the evil forces in the judicial practice identified by the generalization.