Judicial Cognizance And Application Of Evil Forces

Gangster forces have serious social hazards,disrupting the normal economy and daily life,impacting China’s existing system regulations,and destroying core socialist values.China’s crackdown on underworld forces has always been in a state of high pressure.In recent years,the launch of a special campaign to eliminate underworld forces has effectively combated underworld forces.The concept of "evil forces" has evolved over the past decades.After decades of development,from the beginning when evil forces were mixed with underworld-like organizations,there are now specific regulations for evil forces,and the boundaries with other criminal organizations have gradually become clear.The normative development of the regulations on evil forces will help to gradually separate the underworld organizations from the evil forces and fight against organizational forms such as underworld-like organizations.However,the current regulations on evil forces are still incomplete,leading to theories and There are many disputes about the identification and application of evil forces in judicial practice.The first part of this article focuses on the normative development of the concept of evil forces,and divides the normative development of evil forces into non-normative periods and normative periods.The concept of evil forces was first proposed to facilitate the handling of cases by judicial organs.The general term for criminal groups with serious social hazards tends to be more political in nature and does not have the normative and evaluation functions of criminal law.The "Minutesof Forum on Handling Criminal Cases of Underworld Organizations",which was released in 2009,initially included the concept of evil forces into the normative field,briefly describe the evil forces and make it clear that evil forces are the rudiments of an underworld organization.The Guiding Opinions on Several Issues Concerning the Handling of Criminal Cases of Evil Forces issued in 2018 further revised and supplemented the provisions of the 2009 Minutes on evil forces,and incorporated the concept of evil forces into the scope of criminal law.The Opinions on Several Issues Concerning the Handling of Criminal Cases of Evil Forces,which was issued in 2019,follows the 18 years of the Guiding Opinions’ provisions on evil forces,and has made more detailed provisions on evil forces,which has become an important part of China’s current fight against evil forces.Legal basis.The second part of this article analyzes the three characteristics of evil forces,and believes that evil forces have organizational stability,and their criminal activities are violent,open,and regional.Afterwards,the controversial points that identified the characteristics of the evil forces were analyzed,and it was considered that the temporary gatherers did not belong to the evil forces,but the temporary gatherers helped the identification of the evil forces to a certain extent,the determination of "being evil and oppressing the common people" can be comprehensively considered from the infringement of legal benefits,specific behavior characteristics,subjective motives,and common sense of security.The third part of this article analyzes the application of criminal responsibility for crimes committed by evil forces,and considers that evil forces cannot be regarded as general "common sentencing scenarios" based on criminal policies.The influence of the crimes determined as evil forces on conviction is reflected in the lowering of the threshold for criminals of evil forces,and the author believes that the sentence can be increased by 10% to 20% of the standard sentence,as a discretionary severe punishment scenario,evil forces can only be evaluated once in the conviction and sentencing,otherwise it is easy to cause repeated evaluations.