Research On Rural Clan Forces In Crimes Committed By Black And Evil Forces

In recent years,the crimes committed by the organizations of gangland nature and gang-like groups in rural areas have been on the rise,and the black evil forces of the clan have become one of the key targets of the national fight against the evil forces and the black evil forces of the clan prosecuted and tried by the judicial organs have begun to rise.One of the keys to hearing the criminal cases of rural clan black evil force is to apply the law correctly,clearly identify the clan underworld nature organization and clan evil force,distinguish it from the general clan force,and separate the general clan members from the clan black evil force,so as to promote judicial justice and ensure the quality of the case.But the reality is that there are still some problems in the fight against clan forces,which not only perplexes the theoretical study of criminal law,but also hinders the criminal justice trial.The crime of black evil force is divided into underworld organized crime and evil power crime.Therefore,the black evil force of rural clan discussed in this paper includes rural underworld organized crime and rural clan evil force.Black evil forces of rural clan holds dual characteristics both clan and black evil forces,and it distinguish with general black evil forces,the main members are clan members,has a natural cohesion,often use clan to destroy the grassroots election,manipulate the grass-roots regime,monopoly the rural resources,disrupted the market order,oppressed the people,do the evil,to establish an illegal order outside of the normal order.This paper combines the characteristics of rural clan forces and the identification methods of the current black and evil forces to identify the clan underworld nature organization and clan evil forces respectively.About the clan triad nature organization,the article identified by four aspects:the organization characteristic,the economy characteristic,the behavior characteristic and the harmfulness characteristic.The author summed up a new way to identify the evil forces of the clan:first identify the form,then judge the essence of the evil,and make the exclusion of the evil forces of the non-clan.Meanwhile,this passage summarized the problems existing in the identification and punishment of rural clan black evil forces,including the application of the concept of evil forces,the identification of general participants,distinction among similar organizations,the judgment of property involved in the case and the distinction between family business with illegal and criminal acts.Finally,the author combined theoretical research and practical experience and find solutions to the problems that the identification and punishment in the clan black evil forces,try to bring some meaningful reference for the people and judicial practice on this issue.By identifying the concept from the positive side and looking for problems from the negative side,The purpose of this paper is to identify the clan black evil forces correctly,to distinguish the general clan forces from the clan black evil forces,and to separate the general clan members from the clan black evil forces,achieve "accurate"and "steady",avoid the high-ranking identification or degradation treatment,and realize the fairness and justice of the criminal law.