On The Judicial Identification Of Evil Forces

In January 2018,China launched a three-year special struggle against blackness and evil,which is not only an objective requirement to effectively curb the spread of black and evil forces,but also an important measure to ensure the stability of the grass-roots political power and maintain the harmonious development of society.In order to carry out the requirements of this struggle,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice have issued normative documents such as "Guidelines on certain issues concerning the handling of criminal cases committed by black and evil forces" and "Opinions on handling certain issues in criminal cases of evil fo rces",which have made more clear and specific provisions for the accurate punishment of evil forces.However,because these provisions on evil forces in the clarity,operability and other aspects are still lacking,in practice,there are evil forces organizational characteristics expressed vaguely,difficult to grasp,behavior characteristics generally refer to more,the scale grasp is not the same,harmful characteristics are difficult to quantify,the boundaries are blurred,and the necessity of the prototype characteristics are controversial.Therefore,in judicial practice,there will be a disunity of the standard of identification,"different judgments in the same case" phenomenon.It hinders the fairness of individual cases and undermines the authority and seriousness of the law.In this context,it is necessary to study the judicial identification of evil forces in depth and comprehensively from both theoretical and practical aspects.It not only contributes to the construction of the theoretical system,but also promotes the standardization and accuracy of identifying evil forces.Moreover,it is helpful for judicial practice to strictly distinguish between evil forces and other related criminal organizations,to avoid "degrading" cases that already constitute crimes committed by mafia-like organizations,or to make high-level identification of ordinary common crimes.This paper will try to use the combination of theory and practice,through the combination of typical cases,to explore the evil forces identified in the judicial practice of the existing problems.Then,in view of the controversial issues in practice,the concept of specific and targeted identification criteria is put forward.In addition to the introduction,there are three parts:The first part is an overview of the forces of evil.Throughout the development course of the concept of evil forces,through the provisions of the current guidance,combing and analyzing the characteristics of the components that evil forces should have at t he normative level,and providing a theoretical basis for the accurate identification of evil forces later.The second part is about the problems and reasons for the judicial identification of evil forces.There are three main problems in the practice of j udicial determination of evil forces,one of which lies in the repeated evaluation of illegal facts and criminal facts,the second is the re-evaluation of the facts that have been reconciled,mediated or administratively punished,and the third is the neglect of the status of harmful characteristics.After pointing out the existing problems,the reasons for the formation of the deviation of the identification of evil forces are analyzed,one of the reasons is the vagueness of the norms of judicial interpretation,the second is the substantive misallocation of the main body,and the third reason is that the threshold of soft violence determination is too low and the circular argument.By combing through the problems and reasons of the deviation of the identification of evil forces,more targeted suggestions are put forward for how to carry out the judicial identification of evil forces later.The third part is the perfection of judicial identification of evil forces.O n the basis of analyzing the problems identified by evil forces,the theory of evil forces is analyzed.O n the basis of summarizing the views of other scholars on the judicial identification of evil forces,we draw our own conclusions,with a view to exploring the perfection of the judicial practice of the judicial identification of evil forces,and then guide the practice,so as to achieve the unity of legal effect,political effect and social effect.