A Study On Soft Violence In The Mafia-Evil Forces

With the continuous development and changes in society,the means of crime also show a trend of diversification,complexity and concealment.In this context,soft violence means gradually become the primary choice of the mafia-evil forces to avoid legal prosecution.In the trend of eliminating the mafia-evil forces in full swing throughout the country with the momentum of breaking through,China has increased its efforts to combat the mafia-evil forces,and in recent years has continuously issued judicial interpretations related to soft violence and the mafia-evil forces,and the theoretical community is also continuously strengthening the depth of research on issues related to soft violence.Although China has launched a special struggle against the mafia-evil forces since 2000,there is still no provision on "evil forces" in China’s Criminal Law,and evil forces are only stipulated as a criminal policy in the normative documents promulgated by relevant departments.China’s laws do not have a precise and complete definition of the triad nature of the organization,resulting in practice in the identification of the triad nature of the organization,can only be determined in isolation according to its criminal characteristics,but not from the overall grasp.This may lead to the crimes of triad organizations in practice being elevated or downgraded in the actual law enforcement process,improperly violating the rights of the perpetrators,or failing to achieve the purpose of crime prevention due to too lenient punishment.Soft violence is a kind of instrumental behavior that is distinct from physical violence that acts on the physical body of the objectively existing victim.However,this does not mean that soft violence can be considered as something that exists only in the mental plane.The human consciousness is a reflection of the objective existence,and the spirit is not a cloud in the sky.Victims feel fear and dread of soft violence,to a large extent,because they feel the tangible violence behind it through the surface of soft violence.Thus,soft violence cannot be viewed in isolation;it should be considered that soft violence and traditional physical violence are mutually supportive and interacting with each other.The essence of soft violence is to form psychological coercion to the victim or to seriously affect the normal life and work of the victim,so as to seek illegal purposes or form illegal influence.It not only forms psychological coercion to victims and infringes on their rights and interests,but also seriously damages the social order and poses a great challenge to judicial authority.First of all,soft violence is not exclusively a special criminal means in the crime of the mafia-evil forces,in addition to the mafia-evil forces,other subjects also have the possibility and feasibility of implementing soft violence crimes.Soft violence is universal,in addition to the evil forces and triad nature of the organization,other actors can also use soft violence to commit crimes.Although soft violence is a means of behavior extracted from the crime of the mafia-evil forces,with the transformation of the criminal behavior in modern society,soft violence has existed as a condition for other ordinary crimes,such as the use of soft violence to implement the network defamation behavior.However,although soft violence can also be used as a behavioral means in ordinary criminal activities carried out by other actors,the criminal subject with the highest frequency of soft violence utilization is still the mafia-evil forces.It is for this reason that this thesis’ s investigation of the subject of soft violence implementation takes the mafia-evil forces as the basic premise,and mainly analyzes the subject elements of soft violence in the context of the mafia-evil forces crime.The so-called "unlawful" is a state that is not recognized by the law,but also refers to the use of soft violence to obtain benefits that are not protected by the law,therefore Therefore,"unlawful interest" firstly indicates a negative evaluation by the law.Secondly,when soft violence is used to obtain "unlawful interests",the ultimate purpose of the interests is often strongly condemnable by law.Just as triad organizations seek illegal benefits in order to strengthen their organizations or to carry out other anti-social acts,the illegal benefits obtained by the use of soft violence by black and evil forces are often negative or socially harmful,either to strengthen and develop the mafia-evil forces or to carry out other socially harmful activities.The current Chinese law for the regulation of soft violence in the mafia-evil forces crime there are problems such as unclear criteria for identification and repeated evaluation.Soft violence should be fully incorporated into the scope of regulation of the Criminal Law,and the forms and means of soft violence should be restricted to avoid elevating or lowering the standard of recognition of soft violence.Every effort should be made to achieve the same sentence in the same case,while the legitimate rights and interests of criminals should also be protected and the principle of statutory crime and punishment should be implemented.The Supreme People’s Court can issue guiding cases and reference cases on soft violence,select representative cases,and provide judges with legal solutions through the case to justify the verdict,so that judges can have a clear understanding and grasp of the derivation process and argument process through the case.Judges should also pay attention to the work of case search,and should study and refer to the method of identification and interpretation of the guiding cases when deciding,so as to avoid the phenomenon of "different judgments in the same case".Finally,we should improve the relevance of soft violence crime control instruments.In order to regulate justice and solve the characteristics of soft violence crimes such as duality,concealment and difficulty in obtaining evidence,it is necessary to implement a multi-pronged approach and incorporate preventive and countermeasures to regulate soft violence crimes in a targeted manner.For example,improving the scientific and technological level of regulation,establishing effective investigation and prosecution mechanisms,and strengthening public education and legal literacy activities...