On The Determination Of Crimes Committed By Evil Forces

In view of the large number of crimes committed by the underworld and evil forces,China has issued a notice about launching the special struggle against underworld and evil forces in early 2018.With the promulgation of the notice,China has once again launched a special campaign to crack down on Mafia and evil with stronger force and wider scope.It is necessary to make clear what is the crime of evil forces,how to accurately identify the crime of evil forces,what aspects need to be grasped,and where are the key points to distinguish the crime of evil forces from other joint crimes.The paper is divided into five parts.The first part of the paper is a simple introduction of these cases related to the crimes committed by evil forces.This article selects three representative cases by referring to China's judicial documents and related information.They are "Chen Xiaofeng,Ji Chuanrui and other provocative cases","Xie Jiang,and other organizations,leading,participating in criminal organization" and "Shi Jianhua,He Shangyou and other provocation and illegal detention".The second part of the paper is the legal analysis.It's related to the crime of evil forces in these cases.Mainly from the development process of the concept of the crime of evil forces,the main characteristics of the crime of evil forces,the soft violence often used in the process of committing crime of evil forces,and the difference between the crime of evil forces and other joint crimes.The third part of the paper is the relevant analysis of the controversial issues in these cases,such as whether the act of defendant and others can be identified as a crime of evil forces,whether the act of the accused and others can be identified as a gangland like criminal organization,and whether the act of the accused or others can be identified as a crime of evil group.The fourth part of the paper is combined with the related cases,in the process of that evil force crimes have found some obstacles and problems.Such as: the effectiveness of the evil forces of crime level deviation,its interpretation is prone to bias.In the fifth part,aiming at the problems in the legal regulation of the crimes committed by evil forces,the author puts forward some perfect opinions: making clear the criminal positioning of the crimes committed by evil forces,avoiding ambiguous expressions,etc.