| With the development of social economy,the evil forces have changed from the traditional way to the new way in our country.The criminal gangs of evil forces not only destroy the happy life of the people,some even continue to penetrate into the political field,and their manifestations are endless.For example,the criminal methods of evil forces such as routine loans are not only around us,but also penetrate into the network,which seriously violates the basic rights of citizens.If the evil forces are allowed to spread,it will become a hazard to stability and undermine the people ’s well-being.From the beginning of 2018 to the end of 2020,the country has carried out a three-year special special struggle against the evil forces,which fully shows that the fight against the evil forces has not yet ended.The fight against the evil forces is always on the road,and the significance is very far-reaching.Based on the existing relevant provisions on the crime of evil forces,this paper puts forward a legal analysis of the relevant judicial issues of the crime of evil forces by combing the elimination of evil forces and combining with the actual situation.The first part is an overview of the crime of evil forces.It analyzes the development of evil forces from the concept to the present,as well as the description of the characteristics of the crime of evil forces.It focuses on the analysis of the organizational characteristics,behavioral characteristics,economic characteristics and harm characteristics of the crime of evil forces,so as to analyze the difference between the crime of evil forces and other organizational crimes,and then provides the existence of the crime of evil forces.The concealment is exposed under legal control,and it plays a positive role in judging the crime of evil forces.The second part mainly discusses the legal dilemma in the application of law in the practice of combating evil forces.The crime of evil forces has no provisions on charges and penalties in the ’ Criminal Law ’,and there is a legislative gap,so there is a fact of ’ nominal ’ in application.When the public security organs,procuratorial organs and judicial organs deal with the criminal cases of evil forces,the public security organs are faced with difficulties in obtaining evidence,finding clues and determining the nature of the cases.The courts and procuratorates are faced with difficulties such as unclear legal boundaries,how to deal with accusations and penalties.These difficulties lead to the fact that the crimes of evil forces cannot be punished by law,so as to make a reasonable legal analysis and give corresponding suggestions and opinions on the application of law.The third part is to put forward corresponding suggestions on the application of law in the practice of combating the crime of evil forces.In terms of improving legislation,it mainly improves the detection methods of ’ evil forces ’ crimes through substantive law;the specific setting of the crime of ’ evil forces ’.The judicial perfection of the public security organs to crack down on the crime of evil forces is mainly through the case clues of the crime of evil forces;joint coordination to promote the mechanism of combating criminal responsibility of evil forces;improve the investigation organization of evil forces crime;strengthen the cooperation mechanism between public security and procuratorial organs.Improve the public security organs to combat evil forces in the crime of ’ soft violence ’,mainly to clarify the degree of coercive ’ soft violence ’;unify the meaning of ’ soft violence ’ in different parts of the law.In terms of the improvement of the public security organs ’ fight against network evil forces,it mainly adheres to the principle of legality and the modesty of criminal law;implement the criminal policy of tempering justice with mercy;accurately grasp the punishment policy of ’ hit early and hit small’ and ’hit solid’. |