On Judicial Determination Of Evil Forces' Crimes

At present,there are three major problems in the judicial determination of crimes committed by evil forces,one is the confusion of the relevant expressions of crimes committed by evil forces,the other is the relatively rough and arbitrary determination standard,and the third is the prominent problem of the imbalance of crimes.The author thinks that there are three main reasons for the above problems: first,the concept and related expressions of the evil forces are not clear;second,the characteristics of the evil forces and the differences between the crimes committed by the evil forces and the related crimes are not clear,especially in the practice of understanding the organizational and harmful characteristics of the evil forces;third,the punishment of combining punishment with leniency and severity is not strictly implemented Policy.Although the evil force is not a concept in the criminal law of China,the fight against evil and the introduction of special judicial documents over the years have made the evil force obtain the status of semi criminal law system.According to relevant judicial documents,only "evil forces" and "criminal groups of evil forces" are normative expressions.Other expressions such as "black evil forces","criminal groups of evil forces","criminal organizations of evil forces(organized crime)" and other non legal concepts with oral and ambiguous meanings should be avoided as much as possible,so as to avoid misunderstanding in practice due to ambiguity.Refine the identification standard,establish a judicial identification path from formal judgment to substantive judgment.First of all,the characteristics of evil forces and the constituent elements of each characteristic are clarified.Secondly,we should make clear the boundaries of common crime,gang crime,group crime and underworld crime.The social harmfulness of these three kinds of criminal organizations is increasing in turn.If we want to avoid identifying evil forces at will and refine the standards of identifying evil forces,we should distinguish the boundaries between them accurately.The key point of strictly implementing the criminal policy of combining punishment with leniency lies in the understanding of "strict punishment".The author believes that the following points should be taken into account in the strict punishment: first,as a discretionary sentencing plot,the "evil force" should not be superior to the statutory sentencing plot;secend,it is prohibited to evaluate repeatedly,that is to say,the sentencing plot of the evil force can only be evaluated once,for example,the threshold of entering a crime has been lowered due to the crime of the evil force,so it is not suitable to use the "evil force" again in the sentencing For strict sentencing.In addition,the author thinks that we can add the clause of severe punishment to the crimes of evil forces in the general orspecific provisions of criminal law,and achieve the purpose of severe punishment to the crimes of evil forces by raising it to the legal circumstances of sentencing,balancing the crimes and punishment of the cases of evil forces.