| In recent years,“soft violence”has become a common illegal and criminal method for underworld organizations,and this kind of crime has become an imminent governance problem.Although the “Guiding Opinions on Several Issues Concerning the Handling of Criminal Cases by Underworld Forces” promulgated in early 2018 and the “Opinions on Several Issues Concerning Handling Criminal Cases Implementing soft violence”issued on April 10,2019,make “soft violence” officially stipulated,but the basic definition and manifestations of “soft violence” are only generalized,and the current research on “soft violence” is mostly reflected in its normative meaning,terminology and other basic concepts,and less involved However,in judicial practice,there are many difficulties in the identification of “soft violence” behaviors in underworld organized crimes.Based on this,it is valuable and meaningful to conduct special research on the application and identification of“soft violence”.This article takes the 1022 judgments of “soft violence” criminal cases that have come into effect between 2017 and 2021 collected on the magic weapon of Peking University as samples,analyzes the problems existing in judicial determination of“soft violence” behavior,analyzes the reasons,and tries to propose solutions to provide reference for judicial practice.The first part introduces the basic overview of“soft violence” behavior in underworld organized crime,including the development history and concept of“soft violence”,the reasons for“soft violence” crimes and the manifestations of crimes involving crimes,and the trend of“soft violence” crimes.and style.The second part is to explore the problems existing in the judicial determination of“soft violence” behavior,including the following three aspects: the judicial determination standard of“soft violence” behavior is unclear,the determination of“soft violence” behavior is suspected of repeated evaluation,and the“soft violence”behavior It is determined that there is an expansion risk.The third part is to analyze the reasons behind the identification dilemma.First,there are limitations in the normative documents of“soft violence”;secondly,the characteristics of“soft violence” make it difficult to collect evidence,and because there is no quantitative standard,judges have a large room for discretion when determining;There is a one-sided interpretation of the criminal policy in the judiciary,and the determination of“soft violence” not only has the problem of repeated evaluation,but also has the risk of application expansion.The fourth part is to propose targeted measures.First,grasp the premise of“soft violence” behavior identification,adhere to the criminal policy of "combining leniency with strictness" and improve the ability to collect evidence of“soft violence”;secondly,clarify the judicial identification standards for“soft violence”;Finally,improve the criteria for identifying the harm of“soft violence”,clarify the ideas for identifying“soft violence” behaviors,and build a certification path to resolve the expanding risks of“soft violence”. |
