| From 2018 to 2020,the special fight against evil gangs has been carried out across the country..The special task of fighting against evil and eliminating evil is a major policy decision made by the Central Committee of the CPC Central Committee with Comrade Xi Jinping as its core.It is a major political task,which concerns the overall social stability,the long-term stability of the country,the consolidation of the people's hearts and the consolidation of grass-roots political power.The special struggle against black and evil has changed from the past "black fighting" as the main direction and "eliminating evil" as the supplementary tool.It has put equal emphasis on "black sweep" and "eliminating evil".It has taken the evil forces as the key target."crack down on black and evil till the end".China's criminal law only made special provisions for the Underworld Criminal Organization,and did not stipulate the evil forces,although Supreme People's Court,Supreme People's Procuratorate,Ministry of Public Security and Ministry of Justice have successively issued a series of supporting normative documents,such as the guiding opinions on some issues concerning the handling of criminal cases by evil forces and the opinions on some issues concerning the handling of criminal cases by evil forces.Although there are positive references on what evil forces are and how to identify them,they are still vague and difficult to grasp,which are embodied in the following aspects in many places,such as "doing evil and bullying the people" is colloquial and difficult to quantify.In judicial practice,there are also some serious phenomena,such as the enlargement of the identification of evil forces,the indexation,and the fuzziness of the reasoning of the judgment,because it is of great significance to correctly define the crime of evil forces and provide normative basis for law enforcement agencies and judicial organs to identify the crime of evil forces.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the empirical analysis of the sample of judicial judgment documents of evil forces.Through sorting out 200 samples of the judgment documents of evil forces since the specific fight against the black and evil,combining with the current judicial standards of evil forces,the quantitative and qualitative analysis is carried out to obtain the judicial status of the identification of evil forces throughout the whole process of the specific fight against the black and evil,covering the scope of the whole country.The second part is to study 200 judgment documents on evil forces carefully,and analyze the prominent problems in judicial practice on the judicial confirmation of evil forces according to the fact determination.The third part is the theoretical study of the judicial determination of evil forces.Based on the analysis of the judicial status and existing problems of "evil forces",the paper,guided by problems,combines the expression of evil forces in relevant normative documents,and the relevant academic views,combs and analyzes the four characteristics of evil forces,clarifies the outstanding disputes in judicial identification of evil forces,and attempts to explore the construction of the judicial identification system of evil forces from formal judgment to substantive judgment.The fourth part is about the practical level of judicial determination of evil forces,from the macro grasp and practical measures,to standardize the specific process of judicial identification of evil forces.The author believes that the construction of the judicial identification system of evil forces and the standardization of judicial practice are important graspers to promote the institutionalization and normalization of anti-evil work,and in future cases will inevitably be able to avoid similar defects,realize the unity of legal and social effects,so that the people can feel fairness and justice in every case. |
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