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Research On The Crime Of Evil Forces

Posted on:2021-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhangFull Text:PDF
GTID:2436330620462937Subject:legal
Abstract/Summary:PDF Full Text Request
On January 23,2018,the Political and Law Commission of the Central Committee of the Communist Party of China convened a national video and telephone conference on the special fight against criminals.The nationwide special fight against wickedness began in early 2018 and was nearing the end of 2020.This special attack took three years.In January 2018,the Central Committee of the Communist Party of China and the State Council formally promulgated the "Notice on Launching a Special Campaign to Combat the Eradicating Evil".After that,the fight against evil and the evil started officially.On January 23,2018,the Political and Law Commission of the Central Committee of the Communist Party of China convened a national video and telephone conference on the special fight against criminals.The nationwide special anti-crime fight begins at the beginning of 2018 and ends at the end of 2020,and is expected to take three years.Judging from the currently public reports and data,according to incomplete statistics,from the beginning of the special anti-crime campaign to March 2019,1,292 criminal organizations and 5593 criminal groups in the country have been eradicated by public security organs.As of April 30,2019,compared with the statistics at the end of September 2018,Henan Province has eliminated the number of black-related groups by 47,and a total of 117 black-related groups have been removed;the removed evil forces and the evil forces are relatively speaking An increase of 280,a total of 670;arrested 330,42 criminal suspects,an increase of 12,422 people;the assets involved in the case were as high as 6.496 billion yuan,an increase of 3.492 billion yuan compared with 2018.The increasing development of crimes by evil forces means that the fight against evil in the future will be a complex and arduous struggle.However,in the judicial practice of the special struggle,not much research has been done on the determination of crimes of evil forces in the legal field.Many theoretical analyses are about how to determine organized crimes and organized crimes of the nature of triads.But fundamentally,the crime of evil forces is an independent crime,and independent evaluation and rulingshould be implemented against it.However,the current handling of related cases is still in the period of "discussing cases by cases",which does not constitute formal legal provisions,resulting in inconsistent judgments in judicial practice.Therefore,this paper analyzes the relevant cases and conducts relevant discussions with the workers of the judiciary,and obtains certain enlightenment.In the process of research,it finds out many problems about the crimes of evil forces in judicial practice,and at the same time formulates corresponding treatment schemes,so as to help the judicial organs to better solve related problems when dealing with such cases.This article is mainly divided into six parts.The first part is the introduction(content);the second part makes a relevant overview by understanding the concept,characteristics and related judicial application of the crime of evil forces;the third part lists the most common evil forces by analyzing typical cases The crimes involved and crimes involved in the crime;the fourth part compares the crimes of evil forces with similar organized crimes through case analysis,and investigates the crimes of evil forces in terms of crime composition,social impact,degree of harm,criminal subject,crime nature,etc.Organized crimes and organized crimes are compared.Compare the difference between criminal groups of evil forces and ordinary criminal groups,so as to clarify the standard of criminal identification of evil forces.The fifth part is to analyze the current problems from the perspective of criminal law,from the perspective of the legal principle of crime and punishment,through the three aspects of related concepts,subject identification,and identification standards.The sixth part is to improve the identification of crimes of evil forces.The point of this article is that to optimize the actual situation of how to determine the current crimes of evil forces,on the one hand,we should start with social management and improve the relevant systems.On the other hand It is necessary to start with legislation and justice.In this way,a preventive and controlled management model can be adopted to effectively combat such crimes and maintain long-term security.
Keywords/Search Tags:Evil force, Judicial determination, Legislative system
PDF Full Text Request
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