On The Identification Of Soft Violence In Criminal Justice

After the Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China,the official issued the notice on launching the special struggle against underworld and evil,which officially opened the mode of "eliminating underworld and evil" in China.In the process of cracking down on the underworld and evil forces,it is found that the criminal means of the underworld and evil forces have gradually evolved into a new type of "soft violence" crime compared with the traditional type of violent crime,and the proportion of criminal cases using the new type of criminal means exceeds the traditional type of criminal means,Then,the relevant departments have successively issued normative documents such as "guiding opinions on some issues concerning the handling of criminal cases by Mafia and evil forces" and "opinions on some issues concerning the handling of criminal cases involving" soft violence ",which means that the state has paid more attention to crimes by new means of crime,and the requirements for the ability of crime governance have also increased.In this paper,the concept of "soft violence" theoretical analysis and judicial practice case data as the goal of comparative study,research and analysis of the degree of difference between practice and theory and the reasons for the difference,and put forward the corresponding solutions.From the perspective of the elements of crime,this paper analyzes the subjective and objective elements of soft violence crime,and then analyzes the identification of the elements of soft violence crime in practice by combining with the collected data of judicial adjudication cases.It is found that the problems in judicial practice are mainly due to the lack of Science and rationality of the concept of "soft violence" There are some problems in judicial practice,such as the inconsistent identification of the subject of "soft violence" and the circular definition of the Mafia and evil forces in the application of normative documents.The differences between practice and theoretical research mean that the concept of "soft violence" needs to be optimized.In view of the various problems reflected in the research,this paper puts forward several solutions.First,the scope of application of "soft violence" subject is limited to the subject of black and evil forces,and the enhancement of judges’ ability to apply law is proposed as the ultimate path to solve the problem.Second,The concept of "soft violence" is optimized in terms of scientificity and rationality.Third,It requires judges to use the judgment method of similar cases scientifically,and reasonably use a variety of interpretation methods in judicial practice to deal with the problems in practice.The combination of theory and practice,the prudent use of judges’ discretion,ultimately effectively improve the judge’s judgment level of "soft violence" cases,and promote the improvement of the rule of law.