Identification Of Soft Violence Crime

As the society flourishes,there is a tendency for diversification of the means of crime.In this trend,“soft violence” has become the primary way that many criminals,especially underworld criminals and sinister gangs,choose to evade legal punishment.Under the background of cracking down on organized criminal groups,China has continuously issued judicial interpretations related to “soft violence” and“underworld societies forces” in recent years,which has also promoted the research of Chinese criminal law scholars on the issues related to “soft violence”.Although the current research on soft violence in our country has been quite extensive and in-depth,these studies are distributed in different periods of different judicial interpretations,and take different judicial interpretations as the research object,and the systematic research is insufficient,which leads to inconsistency and various theories,and thus it is difficult to form consensus in the academic world.Therefore,this paper strives to make a systematic analysis from different aspects and levels,and make a targeted research on the difficult problems in the identification of “soft violence crimes”,in order to facilitate the correct conviction and sentencing.The paper is divided into four parts:The first part is an introduction.This part introduces the research background and research status,and clarifies the research objectives of this paper.The second part analyzes the background,process and effectiveness of the relevant judicial interpretation of “soft violence”,and explains the criminal law ideas and methods that should be held in the interpretation of judicial interpretation.The third part analyzes the concept of “soft violence”,clarifies some misunderstandings in the identification of “soft violence”,and defines “soft violence”from the behavior mode,subjective purpose and social harm degree.The fourth part is the identification of soft violence crime.This part divides the subject of crime into three categories: general subject,underworld societies and otherorganized criminal groups.Furthermore,it also reveals the different characteristics of the three kinds of “soft violence” crime,and elaborates on the main points that should be paid attention to when determining the crime.In addition,the “soft violence”behaviors in the specific crimesare analyzed.