Research On The Identification Of "Vicious Power"

As an illegal and criminal organization that has affect people’s life and development of the industry,the vicious power have obvious harmfulness and destructive power.In the absence of direct provisions in the criminal law,the attack on evil forces has shown a sporty characteristic under the guidance of criminal policies.In the campaign against gang crime,the two types of criminal organizations,"mafia-style groups" and "evil forces",are often discussed together.Due to the similarities between the two,in practice,there are situations in mafia-style groups are downgraded or evil forces are promoted and punished.There is no doubt that the two situations of promotion and demotion are contrary to the principle of legality.Therefore,this article attempts to sort out the evolution of the concept of evil forces by studying the identification of evil forces,and summarize its characteristics.The definition of the above content provides a standard for the internal demarcation of vicious power,and at the same time distinguishes “mafia-style groups” and “vicious power”,in order to provide some reference for solving the problem of identifying vicious powers in practice.Vicious power is a constantly evolving concept.To summarize its characteristics,we must first sort out its evolution.Vicious power first appeared together with concepts such as hooligans,which has the characteristics of strong colloquialism and irregularities.As mafia-style groups were included in the criminal law as a criminal acts,the concept of vicious power has achieved relative independence after various struggle against evil force.“Minutes of the Symposium on Handling Triad Organized Crime Cases” promulgated in 2009 divided the Mafia and vicious power for the first time,and put forward preliminary regulations on the characteristics and identification standards of the vicious power.2018 “Guiding Opinions on Several Issues Concerning Handling Criminal Cases of Underworld Forces” and 2019 “Opinions on Several Issues Concerning Handling Criminal Cases of vicious power”,these two judicial interpretive documents specified the concept and organization of the vicious power in detail,and on this basis,they divided the internal forms of the vicious powers.Although the relevant judicial interpretative documents still have vague provisions on the evil forces and need to be explained,after sorting out the concepts,the evil forces have already possessed the conditions for further standardization.Based on the carding and analyzing of the vicious power’s concept connotation,and starting from the four perspectives of organization standard,behavior standard,perniciousness standard and development standard,the author attempts to summarize the standards of vicious power from the two dimensions of formal standard and substantive standard,and to propose the general identification rules.Only on the premise of clarifying the basic categories of concepts can the exploration of internal forms be carried out.Based on clarifying the establishment standard of the vicious power and according to the judicial interpretation documents and various opinions from the academics,the author divided the internal form of the vicious power organizations into criminal gang of the vicious power and criminal syndicate of the vicious power.By comparing the two different types of vicious power,it can not only clear the confusion of different organization names within the vicious power,can also reduce the cases of uneven punishment.Firstly,regarding the criminal syndicate of the vicious power,the author gives the definition of concept and feature from the views of organization and behavior.Then the author Try to distinguish the two types of form of the vicious power organization,from the three perspectives of organization,behavior and perniciousness.Since there is often issues of elevating the identification of vicious power when it comes to judicial practice,so based on the internal structure division of the vicious power,we made study on its external boundary and also the division between the criminal syndicate of vicious power and the underworld organization.In the author’s opinion,the “viciousness” and “blackness” have some similarities on the perspective of organizational structure and also have some difference on the organizational nature,so it’s not easy to tell the difference simply based on the criminal law and judicial interpretation documents.Therefore to clarify the edge of the vicious power,a comprehensive judgement rule must be built.In this article,discussion will be made over their differences from the three respects of internal organization,external control and economic strength.In the end,this article will make discussions from the three angles of completing the identification standard,clarifying the internal form and avoiding over elevating and then offer relevant strategies and solutions for the issues of identifying the vicious power.