On The Issue Of "Soft Violence" Committed By Mafia-like Gangs

The soft violence in behavioral methods is a new trend in crimes committed by Mafia-like Gangs in recent years.Five documents promulgated in order to implement the spirit of the anti-crime policy have provided normative basis and theoretical support for punishing this type of crime within the framework of law,but there is a tendency to crack down on the expansion.This article will explore some issues of "soft violence" in Mafia-like Gangs crimes through four chapters.The first chapter is a review of the normative evolution of the "soft violence" regulation of Mafia-like Gangs.Taking the "soft violence" as the first time point in the judicial interpretive document,it can be divided into an implicit stage and a clear stage.In both stages,it exists as a constituent element and a bottom-line clause,and it has always been used as a supplement to violence and threats.In the clear stage,the highly generalized concept of "soft violence" is used,and the typical behavior is sorted out in the manner of "classification of infringement of legal benefits +enumeration of specific behaviors".The second chapter is an analysis of "soft violence" and its related concepts.Violence in China`s criminal law refers only to physical forces imposed on people,and threats include violent and non-violent content.Violence,violent threat,and“soft violence” decrease in order of violence in crimes committed by Mafia-like Gangs.The concept of "soft violence" is not substantially different from the concept of non-violence,but it should be strictly restricted."Soft violence" completely excludes violent content,but can be perceived and has the consequences of infringing on legal benefits.While it has violence guarantee,it is difficult to accurately quantify the harmful results.Different types of "soft violence" can be distinguished based on the type of organization,behavioral methods,behavioral hazards,and behavioral space.The third chapter focuses on the justification of "soft violence" regulation fromthe perspective of criminal policy.The criminal policy of anti-crime takes the judicial interpretation documents as the carrier,and takes the elements of the normative constituent elements and the bottom clauses as the connection,and it achieves criminal policy through purposeful interpretation.However,driven by criminal policy,there are four main problems: the reduction of applicable standards,the uncoordinated application type,the expansion of the application subject,and the expansion of the application space.The fourth chapter analyzes the regulation and punishment of "soft violence" committed by Mafia-like Gangs.First of all,strictly according to the scope of application defined by the criminal policy,and taking the elements of the sub-crimes as the basis for judging the crime of "soft violence".Secondly,through the comprehensive use of interpretation methods such as purpose interpretation,literal interpretation,system interpretation,etc.,to achieve the purpose of norms while accommodating the criminal policy.Finally,grasp the essential characteristics of Mafia-like Gangs,that is,violence,and refer to the two standards of previous violence and prepared violence.