On The Judicial Determination Of The Crime Of Network Evil Forces

From 2018 to 2021,the three-year special campaign of "anti-criminal and evil" has achieved remarkable results,and accumulated rich experience in order to further build a normalized mechanism for anti-criminal and evil.On December 24,2021,the Standing Committee of the National People’s Congress reviewed and approved the Anti-Organized Crime Law of the People’s Republic of China(hereinafter referred to as the "Anti-Organized Crime Law"),which laid the foundation for the judicial determination of crimes committed by malicious cyber forces.The curtain of normalizing the eradication of evil has been opened.In this context,this paper studies the crime of cyber evil forces.The crime of cyber evil forces is the use of information networks by evil forces to carry out illegal and criminal activities,which has the dual attributes of cyber crime and organized crime.At present,the rapid development of the Internet,big data and 5G technology not only provides convenience for people,but also brings certain security risks.As long as it is a profitable field,organized crime can always be seen.As the primary stage of organized crime,the evil forces are entering the Internet field and bring new challenges to social governance.First of all,the crime of evil forces on the Internet is a special form of crime by evil forces.This article takes the crime of evil forces as the starting point to discuss the concept of crime by evil forces on the Internet.On the one hand,by sorting out the relevant legal norms of crimes committed by traditional evil forces,it is found that the concept of evil forces from formation to maturity is mainly determined by normative documents,has certain political colors and departmental characteristics,and there is a certain ambiguity in the definition of nature.Relevant norms are characterized by different forms,fragmentation,and low legal rank.On the other hand,on the basis of absorbing the views of other scholars,define the concept of network evil forces.Regarding the concept of cyber evil forces,the academic circles hold two views of "escalation theory" and "alienation theory".This paper absorbs the rationalities of the two views and improves the shortcomings,and then defines the concept of cyber evil forces crime as: For the purpose of increasing illegal influence,cyber violence is used in the Internet space to force the victim to meet the illegal requirements of the organization,and then a series of illegal and criminal acts to obtain economic benefits.Secondly,this paper collects relevant cases of crimes committed by cyber evil forces on the Chinese Judgment Documents Online,and sorts them out,from which the new manifestations and characteristics of crimes committed by cyber evil forces are summarized.The manifestations of the crimes of the cyber evil forces can be divided into two types according to the different ways,purposes and objects of the crime: one is the cyber army,represented by cyber "malicious claims",and the cyber is used as a tool of crime;the other This is represented by online "routine loans" and online "pornography,gambling and drugs",and treat the Internet as a criminal space.In addition,the characteristics of crimes committed by malicious cyber forces are embodied in three levels: "weakening" of organizational form,"softening" of behavior,and "alienation" of harmful consequences.Thirdly,this paper focuses on the manifestations and characteristics of the crimes of cyber evil forces,and concludes that the "transformation" of the crimes of cyber evil forces leads to the following problems in the judicial determination process: the dilemma of distinguishing the nature of the organization,the fuzzy classification standard of "soft violence",The number of violations and crimes is difficult to count,the subjective identification criteria are not clear,the "accomplice" behavior and responsibility are not compatible,the crime setting is imperfect,the evaluation of traditional crimes is insufficient,and it is difficult to distinguish online defamation,insults and online quarrels and provoking troubles.Finally,in view of the difficult problems in the judicial determination of crimes by cyber evil forces,this paper proposes the following solutions: First,at the organizational level,the crimes of cyber underworld organizations and crimes by cyber forces,crimes by cyber forces and common cyber criminal gangs are combined.Make a vertical comparison,compare the network evil forces with traditional evil forces,and horizontally compare the "criminal gangs" and "criminal groups" in the network evil forces,creatively divide the network organized crime according to the different levels,and target different levels of network organized crime.Second,at the behavioral level,the types of "soft violence" should be reasonably distinguished and the "number of times of committing illegal crimes" should be limited;thirdly,at the level of responsibility,the perpetrators should be differentiated to regulate the organizational level.Cognitive standards,reasonable breakthroughs in the traditional theory of "accomplices";fourth,at the level of crimes,increase the number of crimes committed by malicious online forces,adjust the main crimes that are routinely carried out by malicious online forces,and consider the criteria for determining online defamation and online picking quarrels and provoking troubles as a whole.,Clarify the line between online insults and online quarrels and troubles.