| With the continuation of criminal justice interpretation,"soft violence" has officially entered the criminal law norms,and has gradually acquired a "semi-formal nature",and has begun to enter the judicial operation as a "legal term".This continual interpretation of "judicial judgment" followed by "normative documents" makes "soft violence" a self-limitation different from traditional normative concepts.This limitation is specifically manifested in the fuzzy entanglement between the concept of facts and normative elements,and the confusion of application and understanding in the judicial discretion resulting from it.At the same time,the "evil forces" also have more or less applicable disputes in relevant judgment documents.This makes our delineation and content of soft violence more chaotic and disorderly.Through identifying the base of soft violence,and using this as a base point to further summarize the externalized characteristics of soft violence,the factual judgment of the norms of soft violence and the normalization and adjustment of the facts of soft violence are carried out.In addition to the introduction and conclusion,the full text is divided into five parts,with a total of more than 40,000 words.The first chapter is a basic overview of soft violence.We must disassemble and deconstruct the traditional "violence" in order to find a reasonable background to penetrate into the understanding of "soft violence".Through a general investigation of violence,this leads to a specific understanding and conceptual origin of soft violence.And it traces the specific evolution,content adjustment,and legislative intent of soft violence in criminal adjudication norms to restore the value basis and functional orientation of soft violence.Then,it compares the elements and connotations of soft violence from three levels: public perception,judicial judgment,and the concept of norms,which leads to the core of the problem of soft violence: the "clarity of description of norms" and " "Fact corresponds to ambiguity."The second chapter explains the dilemma of "soft violence" under continuation.As stated in the previous chapter,the generation logic of "soft violence" caused its contradiction between factual elements and normative elements.Specifically,the current predicament of soft violence is manifested by the entanglement of facts and norms in criminal meaning and the confusion of application and understanding in judicial discretion.The former is reflected in the misplacement of the guilt correspondence and the application of normative elements overlaps,while the latter is a cross-mixing of the presumption of guilt under the syllogism inversion and the invocation of referee norms.For the existing predicament of soft violence mentioned above,the crux of the predicament of soft violence is identified through three dimensions: normative rank,interpretation method,and concept of association.Specifically,the normative concept of judicial interpretation is always affected by the "prejudgment" of daily language experience,and in the normative description,it takes care of the daily habits and wording of the general public to a great extent,and at the same time receives "evil forces" Natural limitations make the judgment of evil forces and the judgment of specific crimes mixed with the facts of the same case,and ultimately involve the judgment of soft violence.The third chapter is the ontology and externalization of "soft violence".As stated in the previous chapter,if we are looking for a way to equalize the above concepts,we must analyze the nature of soft violence to find out its inner core,and make soft violence a substantive perspective and judgment to solve its concept.Contradictions and conflicts on the border with "violence" and "threat".Soft violence is essentially a “notification of harm” at the same time as “threat”,but its content is based on the victim ’s indirect speculation.The limits of its harm are also limited to general conflicts,and its harm is not caused by real violence.support.From this extension,we can conclude that the external manifestation of soft violence is to realize the intimidation of victims through the display of criminal ability,thereby pursuing illegal interests and illegal influence.Specifically,it is based on violent or organizational foundations that can be used by general subjects as a source of criminal capacity,and serves two different ways of criminalization,namely,"striving for profit" and "building momentum."The fourth chapter is the factual judgment of the "soft violence" norm.Soft violence in the sense of crime does not enter into specific divisional charges in an independent capacity,but is assigned to specific elements of the charge.For the time being,soft violence talks are limited to five types: provocative acts,illegal detentions,illegal house intrusions,forced transactions,extortion and extortion,which are specifically manifested as soft violence as a means of conduct and acts of enforcement.Soft violence.Most of the former directly obtain illegal interests through intimidation caused by the victim’s inner fear,while the latter demonstrates criminal ability to an unspecified majority of the society through nuisance behaviors in order to accumulate utterance authority and illegal influence.As a kind of soft violence in the sense of illegality,it is more a kind of harassment that causes the subject to be unhappy.The fifth chapter is the normative determination of the "soft violence" facts.Corresponding to the judgment of facts,according to the different penalties in the criminal norms,it can be divided into: the combination of means and the purpose of illegal profits(the crime of extortion and extortion,the crime of forced trade)and the combination of the conduct and the actual illegal elements(provocation trouble Crime,illegal detention,illegal trespassing).The former can meet the "crime amount" requirement in the constitution of crime from the accumulation of "amount of profit",and the latter can only have a special understanding of norms in the context of evil forces.In the sense of illegality,the general situation is dealt with according to public security punishment,and in the case of multiple violations,the accumulated specific number of times is characterized as "multiple offenses",and the overflow part is balanced by sentencing circumstances.At the same time,at the level of judicial judgment,it is important to distinguish between the identification of the norms of evil forces and the norms of soft violence in order to solve the disadvantages of cross-reasoning and circular argumentation. |
