On The Soft Violence In The Crimes Of The Underworld Forces

As one of the typical forms of violent crime,underworld-type organized crime and crimes committed by evil forces are often presented in an organized form.They have strong social harm,harm people's property,life and other rights,and even endanger state power and stability.Nowadays,more and more underworld crimes are characterized by concealment and non-violence.Underworld forms of non-physical harm such as nuisance,entanglement,and noisy behavior are gradually increasing,that is,"soft "Violent" crime.Soft violence is not a professional means of criminal activities,but the social harm of soft violence in criminal activities is not inferior to the physical violence in the past,and it is much higher than the soft violence in ordinary criminal crimes.In order to give full play to the social defense function of the criminal law and maximize the crackdown on underworld crimes,the scope of violent crimes should be appropriately expanded and expanded.After the promulgation of the "Notice on Carrying out the Special Fight against Evil and Evil" in early 2018,a series of specific documents on crimes committed by the evil forces were launched,which led to the in-depth development of the special actions to combat evil and the evil forces.Punish crimes committed by underworld forces using soft violence in accordance with the law,and make specific and specific provisions,including the first explicit reference to the use of soft violence in normative documents,establishing the semi-formal form of "evil forces" and "soft violence" System;relatively systematically stipulates various characteristics of soft violence;refines the positioning of soft violence in the constituent elements of crimes such as provocation,forced trade,extortion,and illegal detention.However,at the same time,the issues related to soft violence in criminal crimes in specific judicial practice are still not clear,such as the degree of correlation between soft violence and violent means,the unique characteristics of soft violence at different stages,and soft violence in different How to carry out corresponding evaluations in hierarchical crimes,etc.,has made the soft violence in criminal crimes into a predicament from both theoretical and practical levels.Although the relevant documents in 2019 have detailed the rules on soft violence,they also easily lead to the expansion of the identification of soft violence.Therefore,the analysis of the soft violence in the crimes of the evil forces is an important issue to be resolved in the current judicial practice.In the process of incorporating soft violence into the scope of violent crime,the rule of law thinking should be used as the basis,and the normative substantive interpretation should be used as a method to determine the specific concepts and characteristics of soft violence.For the acts of soft violence in underworld crimes,the evaluation dimension should be more diversified,and comprehensive consideration should be given to the behavioral and subjective elements,instead of simply stripping the evaluation of the soft violence in underworld crimes from the case,and it is necessary to pay close attention to the non-violent nature.,Organized,violent security,non-final,etc.The core of criminalization is to realize the psychological coercion of the victim as a harmful result.It is necessary to prevent inappropriate shrinkage and neglect criminal crimes because of unclear boundaries.The acts of soft violence in China must prevent excessive expansion and include ordinary provocative behaviors.In theory and practice,analogize the relatively mature violent crime system,adjust it in time according to criminal policies,and build a three-tier system of soft violence of underworld organizations,soft violence of evil forces,and soft violence of ordinary criminal crimes,to avoid grasping the boundaries of soft violence.It can also avoid the situation of repeated evaluation in sentencing.