Research On Soft Violence Committed By Mafia-like Gangs

Based on the serious infringement of social order and state power by Mafia-like Gangs,our country has been carrying out a special struggle against it in the whole country since the beginning of 2000.After nearly two decades of efforts,some mafia organizations which is organized tightly,gain economic interests by obviously illegal way,used to use prominent violence or threat of violence to achieve their goals,cause illegal control or serious influence in some areas or business has decreased significantly,and the crime of evil forces closely related to it has also decreased significantly.But there are also a considerable number of Mafia-like Gangs change their way of committing crimes in order to maintain their illegal control or significant influence in the region and industry,while evading the law of sanctions,illegal and criminal activities of the violent properties significantly weakened,"big mistakes seldom,small mistakes constantly" has increasingly become a regular means of committing crimes.In order to adapt to the new situation of Mafia-like Gangs,on January 23,2018,the Central Committee of Political and Legal Affairs held a teleconference on the national special struggle against blackness and evil,and the three-year national special struggle against blackness and evil officially began,a focus of this special struggle is soft violent crime.Soft violence not only causes psychological coercion to others,but also affects and restricts the personal freedom of others,endangers the safety of others’ personal property,affects their normal life,work,production,and operation.In view of this,this paper adopts a comparative research method,combined with the special meetings held against the forces of evil,important documents promulgated,the typical case signed,the study of the problem of soft violent crime emerging in the course of special struggle,a more comprehensive combing of the soft violence in the crime of Mafia-like Gangs,the possible shortcomings,and the next stage of improvement to provide recommendations.This paper is divided into three chapters,in order to analyze soft violence in Mafia-like Gangs.The first chapter is the definition of soft violence in the crime of Mafia-like Gangs.This chapter mainly starts from the concept,development stage and characteristics of soft violence in Mafia-like Gangs.The concept of soft violence in 2019 was formally put forward,before the scholars’ views have important reference value to practice,it is necessary to study the views of scholars and legal provisions;Soft violence was first proposed in 2018 in the form of normative documents,so the stage of development of soft violence can be divided into implied and semi-formal provision stages;As a mean of crime,the soft violence mean of Mafia-like Gangs also have different characteristics from other criminal means and the hard violence means of Mafia-like Gangs,and the grasp of characteristics helps to better identify soft violence.The second chapter is a study on the criminal evaluation of soft violence in Mafialike Gangs.At present,soft violence means in cases involving black-related evil can be evaluated as criminal means of triad-type organization,criminal means of evil forces,and acts of forced trading crime,trouble-making crime,extortion crime and other crimes.In order to make the presentation of this paper more intuitive,this paper also demonstrates the three types of crime.The third chapter is the deficiency and perfect argument of the criminal law on the regulation of soft violence in the crime of Mafia-like Gangs.The provision of soft violence by means of normative documents will lead to low legal levels of soft violence,which is not conducive to the implementation of application;The expression of soft violence has a problem of violating the principle of clarity,and soft violence,like other means of Mafia-like Gangs,has the problem of being evaluated repeatedly.To this end,we can next,the relevant provisions in the Criminal Law,the relevant expressions to be clear,at the same time,soft violence evaluation criteria to refine,to avoid its repeated evaluation.