An Empirical Study On The Property Disposal Of Criminal Cases Of Mafia Forces

The crimes committed by the black and evil forces are one of the most important types of crimes in China’s judicial system.One of the most important tasks in combating the crimes is to eradicate the economic foundation of the black and evil forces.Since the issuance of opinions on several issues of property disposal in handling criminal cases of black and evil forces(hereinafter referred to as "property opinions")in April 2019,the overall framework of property disposal in criminal cases involving black and evil forces has been basically established.However,there are still many irregularities and irrationalities in judicial practice.Therefore,the author takes the cases since the special fight against crime in 2018 as samples,conducts data statistics and empirical research on the property disposal of criminal cases of the black and evil forces in China,finds out the problems and deficiencies encountered in judicial practice,analyzes them,and puts forward suggestions for improving the property disposal of criminal cases involving black and evil.In the first part of the paper,the author combs and analyzes the legal norms on the criminal property disposal of the black and evil forces since the release of "criminal eight" and "guiding opinions on handling criminal cases of the black and evil forces in 2018"(hereinafter referred to as "opinions"),and clarifies the applicable types of criminal property punishment of the black and evil forces and the situation of case property disposal.The second part is the description and research of the selected samples.The first is the sample selection criteria and the overview of all types of cases;the second is the introduction of research methods;the last is the specific empirical analysis.The author divides the samples into two categories for research: first,the amount involved in the case of underworld organized crime,the identification of the property involved in the case and the analysis of the disposition of property;second,the analysis of the application of the fine punishment of the evil force organized crime and the regression analysis of the fine punishment with "the amount of fine" and "other circumstances of sentencing" as variables to explore the fine punishment of each circumstances of sentencing for the evil force crime The impact of punishment.The third part is about the problems of empirical research.Through empirical research,the author finds that in judicial practice,there are some problems in the underworld organization crime,such as unclear identification of property involved in the case,too high identification of facts involved in the underworld,and nonstandard disposal of property involved in the underworld;there are some problems in the organization crime of evil forces,such as the application of property penalty is not comprehensive enough,and the penalty is lack of consideration of sentencing circumstances.The fourth part is the suggestions to improve the above issues.In view of the unclear identification of the property involved in the case and the excessively high identification of the facts involved in the case,it puts forward the suggestions to establish a relatively independent property identification procedure,and puts forward specific identification methods according to different types of property involved in the case;in view of the nonstandard disposal of the property involved in the case,it puts forward the establishment and improvement of the property return mechanism before the court and the clear identification of the property involved in the case The suggestion that the right belongs to the court;the suggestion that the property penalty is not comprehensive enough for the crime of evil forces,the first section of the crime of provocation should be added to the fine penalty;the suggestion that the amount of the fine should be comprehensively considered according to the function of each sentencing circumstance should be put forward for the problem that the fine penalty for the crime of evil forces lacks the consideration of the circumstances of sentencing.It is hoped that these suggestions can provide some reference for the disposition of the criminal property involved in the crime,and make the disposition of the criminal property of the criminal force always run on the track of the rule of law.