A Study On The Judicial Cognizance Of The Organization Of Evil Forces

The evil-force organizations,in fact,has always been existed along the course of history,but since the reform and opening up,the economic conditions of Chinese people have been constantly strengthened and people s minds have been increasingly open and active,which have led to the polarized gap in terms of economic strength and social status.It has deteriorated the psychological imbalance among people and serves as the root cause of the appearance of evil-force organizations.However,in China,the legal regulation on evil-force organizations has been absent for a long time,which has,to some extent,connived the development of evil-force.In January 2018,the Party Central Committee and the State Council deployed and implemented the three-year special actions of “crackdown on underworld and evil crimes”.The“underworld” in the action just refers to the underworld society-related organizations and the “evil” stands for the evil-force organizations.Nevertheless,owing to the long-standing habitual practices,people tend to mix the concepts of “underworld”and “evil-force” and the chaotic situation of degrading the “underworld societies”into “evil-force”,or upgrading “evil-force” into “underworld societies” have been witnessed in judiciary authorities.Both the degrading and upgrading handling have deviated from the spirit of the rule of law and the principle of legally prescribed punishment for a specified crime.Therefore,the paper is designed to study the judicial determination of evil-force organizations by strictly differentiating organizations with the nature of evil-force from evil-force organizations and distinguishing the evil-force gangs from the evil-force criminal groups.This has been carried out with the intention of providing ideas for the judicial determination of the evil-force in juridical practices.The concept of evil-force firstly appeared from the 1980 s to 1990 s and it has evolved from a non-standard habitual expression into a term in the official documents of 2018 Guiding Opinions and 2019 Views on Problems of Handling Evil-force Criminal Cases when it has finally obtained a standardized concept.Recently,the Chinese government has carried out three “Crime Crackdown” campaigns,which haspromoted the development of the concept of evil-force to some degree.According to the definitions in 2018 Guiding Opinions and 2019 Views on Problems of Handling Evil-force Criminal Cases,the following three features of evil-force organizations can be concluded,namely,the organizational characteristics,behavioral features,and harmfulness.In the end,it has summarized two different types of evil-force organizations that is evil-force gangs and evil-force criminal groups,which has laid a foundation for a better discussion and demarcation of evil-force organizations.In the academic world,few studies have dabbled in the discussion of the essential feature of evil-force organizations,so in the first place,it should be defined that “perpetrate outrages and bully and oppress the civilians” acts as the essential feature of evil-force organizations.It is also the most noticeable characteristic that has distinguished evil-force organizations from ordinary joint crimes and criminal groups and the substantive characteristic that has differentiated it from the underworld society-related organizations.If an organization has met all other preconditions,yet its nature and purpose aren t “perpetrate outrages and bully and oppress the civilians”,it cannot be identified as an evil-force organization.The identification of evil-force organizations should be comprehensively conducted on the basis of strictly sticking to its essential feature and combining with other identification standards,which are the criteria of the number of members,motivation,impact,and behaviors.The core issue in the identification of evil-force organizations lies in the judicial demarcation between evil-force gangs and evil-force groups.First of all,the concepts of criminal gangs and criminal groups should be made clear.And based on the essential feature of “perpetrate outrages and bully and oppress the civilians” of evil-force organizations,the concepts of evil-force gangs and evil-force groups can be defined and judicially demarcated.Since the punishment for criminal gangs and criminal groups is completely different,they should be compared,distinguished,and strictly demarcated from the perspectives of organization,behavior,and harmfulness,which is of significant importance for juridical practice.Besides,the judicial demarcation between evil-force groups and underworld society-related organizations represents another critical question related to evil-forceorganizations.Owing to the high similarities between evil-force groups and underworld society-related organizations,the former is usually regarded as the“rudiment” of the latter.More importantly,the concept of underworld society-related organizations has been defined in Criminal Law,whereas that of the evil-force hasn t,so it is more momentous to differentiate between these two concepts.Since they only differ from each other in the degree of organization and economic strength,the harmfulness,as the unique feature of underworld society-related organizations,plays a key role in the differentiation,which should be strictly followed.If the harmfulness of an organization has reached the standard of “illegal control or serious impact”,it should be identified as the underworld society-related organization,or it should be treated as the evil-force group.