Research On Criminal Regulations Of "Soft Violence" Crimes

In recent years,the number of soft violence crimes has gradually increased.Especially,soft violence crimes relying on underworld forces have become the focus of criminal regulations.Different from traditional violence,soft violence is a means of threatening,harassing and gathering power to form a psychological force on the victim or severely affect the victim's normal production and life,so as to achieve the illegal purpose or obtain illegal influence.The latest regulatory documents treat soft violence as a universal means,expanding the scope of soft violence and highlighting the value of independent research on soft violence.According to the different subjects of crime,soft violence is divided into underworld organization soft violence,evil forces soft violence,and ordinary criminal case soft violence.The degree of protection and organization of soft violence,as well as basics of the conviction and sentencing varies according to different type of the soft violence.The soft violent crimes of evil forces under the high pressure of special struggle against crime,it is show that deviation from the criminal policy of combining punishment with leniency,the soft violence of ordinary criminal cases further highlights the protection of mental freedom and mental health rights in China criminal law.The time for soft violence to enter the criminal text is relatively short,and the corresponding criminal regulations are not perfect.The difficulty of the regulation of soft violence crimes lies in its dual-layer legal liability.Soft violence may not only become a means and behavior that conforms to the specific crime composition according to the provisions of the criminal law,but also may constitute illegal acts under the Law on Public Security Management Penalties.There are many problems in the regulation of soft violence in judicial practice.To this end starting from the basic principles of criminal law,we should make the clarify soft violence in criminal law and strengthen relevant judicial interpretations to strictly limit the difficulties involved in soft violence,and strengthen the research on the construction of the misdemeanor system to achieve the reasonable and long-term regulation of the soft violence crimes in multi-pronged manners.