Judicial Identification Of Crimes Committed By Evil Forces

The launching of the third special fight of "eliminating evil forces" has not only provided practical experience for the study of crimes committed by evil forces,but also brought new challenges.Using the method of case analysis,this paper takes "Lu’s illegal detention case" as the core research case,combined with the classic criminal jurisprudence of the underworld and evil forces during the special fight,discusses and studies the difficulties encountered in the specific application of the guiding documents and laws issued by the relevant national departments in recent years to the judicial practice,in order to be beneficial to the theory and practice.This paper consists of introduction,conclusion and three core chapters,about 36000 words.The first chapter is a brief introduction to the case and the focus of dispute.Firstly,this paper briefly describes all the criminal facts of the evil forces led by Ruan Moumou,and focuses on the illegal detention activities participated by Lu Moumou.Then,through the views of the prosecution,defense and trial,this paper summarizes the three controversial focuses involved in this case,that is,whether there is a crime committed by the evil forces in this case;Whether Lu Moumou belongs to other members of evil forces;Whether Lu Moumou constitutes the crime of illegal detention.The second chapter is the application of law and case evaluation.This article first analyzes the logical structure of "evil forces crime",and focuses on the three major criteria of identifying evil forces around the relevant provisions: organization,means and degree,emphasizing the core characteristics of "doing evil and bullying people",and defines the concept of evil forces,gangland organization,and the evil force criminal group.Combined with the case analysis,it is concluded that there are evil forces in this case.Secondly,this paper studies the subjective and objective constituent elements of "other members of evil forces",so as to determine whether all kinds of people involved belong to other members of evil forces,and draw the conclusion that Lu Moumou does not belong to other members of evil forces through horizontal comparison.Finally,this paper discusses the constitutive elements of the crime of illegal detention,the incriminating criteria and the special provisions in the relevant documents of evil forces,and proves that Lu Moumou’s behavior does not constitute the crime of illegal detention.The third chapter is thinking and suggestions.Through the evaluation and discussion of Lu’s illegal detention case,this paper believes that the relevant national departments should constantly improve the relevant documents on the judicial identification of evil forces’ crimes through rich practical experience.They should make clearer standard provisions for important concepts,such as "small amount","many times" and "temporary",and try to avoid using vague words.It is emphasized that the core feature of "doing evil and bullying the people" should always be reviewed in the judicial determination.For the special types of evil forces such as member mobile evil forces and arranged and combined evil forces in practice,shape and optimize the judicial identification standards of evil forces’ crimes through exclusions,judicial interpretation and guiding cases,so as to provide guidance for judicial practice and comply with the development of the times and the changes of practice.