The four departments issued opinions on eliminating evil cases, and the evil forces determined that they would not be arrogant or degraded.

　　Yesterday, the National Anti-vice Office held a press conference for the first time, and publicly released four opinions on handling anti-vice cases jointly issued by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice.

　　The four opinions are Opinions on Handling Criminal Cases of Evil Forces, Opinions on Handling Criminal Cases of Routine Loan, Opinions on Handling Property in Criminal Cases of Evil Forces and Opinions on Handling Criminal Cases of Soft Violence.

　　Chen Yixin, secretary-general of the Central Political and Legal Committee and director of the National Anti-triad Office, said at the press conference that the promulgation of the four opinions has improved the provisions on evidence and procedures of cases involving black and evil, which is conducive to cracking down on illegal crimes committed by black and evil forces in accordance with the law, accurately and in a timely manner, so as to neither "inflate" nor "degrade" cases involving black and evil, promote the breakthrough of handling difficulties and prevent cases from being protracted.

　　1. Identification of evil forces

　　Is there "doing evil and bullying the people"

　　As the main criterion of review and judgment

　　Jiang Wei, vice president of the Supreme People’s Court and deputy director of the National Anti-gang Office, introduced 20 Opinions on Handling Criminal Cases of Evil Forces, which clarified the specific criteria for identifying evil forces, defined the boundaries between evil forces cases and common joint crimes, and put forward clearer law enforcement standards for the front line of handling cases.

　　Jiang Wei said, first of all, because of the similarity between evil crimes and common joint crimes in terms of the number of participants and behavior performance, individual case-handling units often identify them as evil forces as long as they see that many people have jointly carried out illegal and criminal activities for many times. To this end, the Opinion emphasizes that the presence or absence of the characteristics of "doing evil and bullying the people" should be the main criterion for examining and judging evil forces. At the same time, it clearly stipulates that illegal crimes that are not characterized by doing evil and bullying the people and are simply committed for illegal economic benefits, or those that are caused by civil disputes and other illegal and criminal activities that really have a cause should not be treated as cases of evil forces. These regulations mark the boundary between evil forces cases and common joint crimes.

　　At the same time, the identification of evil forces requires "generally more than three people." Jiang Wei said that in practice, some case handlers have the wrong practice of "simply dealing with it and ignoring it". In response to this problem, the Opinions follows the principle of consistency between subject and object, combines subjective knowledge of the harmfulness of evil forces with objective participation in illegal and criminal activities, and accurately delineates the scope of members of evil forces.

　　In addition, there are some differences in understanding the characteristics of evil gangs in practice, such as how to grasp "often gathering together", how to calculate "multiple illegal and criminal activities" and how to identify "causing bad social impact". The Opinions explain the above issues one by one. For example, it is clear that those who have been "assembled together" for a short time and have just reached the standard of "multiple times" in carrying out illegal and criminal activities, and are not enough to cause relatively bad effects, should generally not be regarded as evil forces.

　　news briefing

　　What is the difference between evil criminal groups and underworld organizations?

　　Jiang Wei, Vice President of the Supreme People’s Court and Deputy Director of the National Anti-gang Office: Evil groups are joint crimes, which are similar to underworld organizations, and it is easy to confuse them in practice.

　　They have similarities, but in the legal sense, evil criminal groups and underworld organizations are two different criminal acts, with different criminal nature and different legal consequences, so they cannot be confused. Article 294 of the Criminal Law specifically stipulates the crime of organizing, leading and participating in underworld organizations, and sets corresponding penalties. Therefore, we say that the underworld organization is an independent criminal act, and the evil force is not a legal concept, nor an independent crime, but a special form of joint crime, which is a aggravating circumstance to be considered when sentencing.

　　In practice, the difference between evil criminal groups and underworld organizations is generally grasped from the following aspects. First, the degree of organization is different. Underworld organizations are more stable in organization, tighter in structure, larger in number and more specific in rules. Underworld organizations generally have clear organizations, leaders, basically fixed backbone members and relatively stable active participants. These three levels are obvious and the division of responsibilities is clear. Second, the economic characteristics are different. Many underworld organizations have obvious characteristics of corporate operation, and have greater economic strength than evil criminal groups. Their influence can have a significant impact on a certain economic field and even achieve monopoly in a certain place. Third, the degree of harm is different. Whether anti-social order has been formed and illegal control has been achieved in a certain area or industry is a decisive sign to determine whether an underworld organization has been established, and it is also a key difference between an underworld organization and an evil criminal group.

　　In judicial practice, it is necessary to prevent two tendencies to identify crimes committed by evil forces, which can neither be "elevated" as organized crimes of underworld nature, nor be "degraded" as organized crimes of underworld nature.

　　2. Property of evil forces

　　Seven aspects clearly define the property involved in criminal organizations.

　　Regarding the Opinions on Several Issues Concerning the Disposal of Property in Handling Criminal Cases of Gangsters and Evil Forces, Chen Guoqing, Deputy Procurator-General of the Supreme People’s Procuratorate and Deputy Director of the National Anti-gang Office, introduced that the Opinions consisted of five parts and 24 articles, which regulated the disposal of property related to gangsters and evil forces from five aspects: overall work requirements, taking measures to comprehensively collect evidence according to law, accurately disposing of the property involved, recovering and confiscating other equivalent property according to law and others.

　　First of all, the Opinions clearly defines the property involved in criminal organizations of black and evil forces in the following aspects: First, it includes the property of criminal organizations of black and evil forces; Second, it includes the personal property of the criminal suspect; Third, it includes the property actually controlled by the criminal suspect; Fourth, including the property purchased by the criminal suspect; Fifth, including the property transferred by the criminal suspect to another person’s name, and check the clues clearly according to the law; Sixth, it includes the property involved in crimes such as money laundering, concealing and concealing the proceeds of crime and the proceeds from crime; Seventh, it includes other properties related to criminal organizations and their illegal and criminal activities.

　　At the same time, it is emphasized that it is necessary to dig deep into and investigate the related crimes of cracking down on the transformation of the nature of the property involved by criminal organizations, and take measures such as sealing up, detaining and freezing the property involved by criminal organizations and personnel to avoid the transfer and concealment of "black money". The scope of disposal includes both the property of criminal organizations and the property of their members, both the seized property on file and the equivalent property according to the circumstances of the case.

　　Chen Guoqing said: practice shows that the composition, types and circulation of the property of black and evil organizations are quite complicated, and a certain economic strength is the basis for the underworld organizations to take a dominant position. To completely destroy their property foundation, it is necessary to check the "property attributes" from the "property involved in the case that has taken measures" and decide how to deal with it. It is also necessary to check the "property destination" from the property obtained from the crime and determine whether it is necessary to "recover" Only by organically combining the two methods can we effectively solve the problem of "the property attribute involved is difficult to identify" in judicial practice, effectively deal with the property that has taken measures according to law, confiscate the equivalent property when necessary, and destroy the economic foundation of the evil forces to the greatest extent according to law.

　　news briefing

　　How to prevent damage to the legitimate rights and interests of the defendant and the third party when "black money" is played?

　　Chen Guoqing, Deputy Procurator-General of the Supreme People’s Procuratorate and Deputy Director of the National Anti-triad Office: After the launch of the special struggle in January 2018, the "two high schools and two departments" formulated and issued the "Guiding Opinions on Several Issues Concerning Handling Criminal Cases of Gangsters and Evil Forces", unifying the law enforcement thinking and clarifying the law enforcement standards. Among them, Article 29 of the opinion stipulates that if the property involved in the case that should be recovered and confiscated according to law cannot be found, acquired by others in good faith, lost in value or mixed with other legal property and inseparable, other equivalent property can be recovered and confiscated.

　　The Opinions explain what is "unable to find", which means that there is evidence to prove the existence of property that should be recovered and confiscated according to law, but it is impossible to verify the whereabouts and whereabouts of the property. If the defendant has different opinions, he shall produce relevant evidence.

　　When disposing of equivalent property, there must be evidence to prove that the property cannot be found, obtained by others in good faith, lost in value or mixed with other legal property and inseparable. Only in these circumstances can the confiscation of equivalent property be started. At the same time, the Opinions also give the defendant the right to raise different opinions, but the defendant needs to give evidence. The equivalence of the amount of property is also emphasized in this Opinion. The amount of confiscated property must be the amount corresponding to the property involved in the case that should be recovered and confiscated according to law, and it must be equivalent property. Attention should be paid to protecting the legitimate rights and interests of the defendant and the third party in the implementation.

　　3. The concept of "soft violence"

　　Threatening to spread diseases and expose privacy was recognized.

　　Du Hangwei, vice minister of the Ministry of Public Security and deputy director of the National Anti-vice Office, said at the press conference that the Opinions further clarified the basic concept of "soft violence". "Soft violence" is defined as "an illegal and criminal means in which the perpetrator seeks illegal interests or has an illegal influence, harassing, pestering, making trouble with others or gathering people in relevant places, which is enough to make others fear and panic, and then form psychological coercion, or is enough to affect, restrict personal freedom, endanger personal and property safety, and affect normal life, work, production and business".

　　When answering a reporter’s question, Du Hangwei said that "soft violence" as a means of crime is only a method of behavior, not a complete criminal act in the sense of criminal law. That is to say, "soft violence" can be used as a means of behavior for the crime of stirring up trouble or extortion, just as violence can be used as a means of intentional injury or illegal detention. It should be particularly emphasized that whether "soft violence" as a means of illegal crime can constitute a crime should also meet the constitutive requirements of specific crimes; Whether it can constitute a black and evil force should also conform to the characteristics of black and evil forces and the criteria for identifying black and evil forces.

　　What are the criminal methods of "soft violence"? In response to a reporter’s question, Du Hangwei said that in the Opinions, the manifestations of "soft violence" crimes were specifically enumerated. First, the means of infringing personal rights, democratic rights and property rights, such as stalking, threatening to spread diseases, exposing privacy, maliciously reporting, falsely accusing and framing, destroying and seizing property, etc.; Second, means to disturb the normal life, work, production and business order, such as illegally invading other people’s houses, destroying living facilities, setting up living obstacles, posting newspapers and spraying words, hanging banners, setting off firecrackers, playing funeral music, placing wreaths, spilling dirt, cutting off water and electricity, and directly or indirectly controlling factories, offices, production areas and business premises by driving away employees and stationing personnel. Third, means to disrupt social order, such as posing for demonstrations, gathering people to make trouble, blocking roads and making trouble, etc. Fourth, other illegal and criminal means that meet the definition of "soft violence". In addition, illegal and criminal means committed through information networks or communication tools should also be considered as "soft violence" as long as they meet the definition of "soft violence".

　　4. Clear "routine loan"

　　There are three main points to distinguish between "routine loan" and private lending.

　　Jiang Wei introduced that there are 13 Opinions on Handling Criminal Cases of Routine Loan, which are divided into three parts. First of all, the Opinions clarify the boundary between "routine loan" and private lending. When answering a reporter’s question, Jiang Wei said that there are three main points to distinguish between "routine loans" and private lending.

　　First, to see if there is any purpose of illegally occupying other people’s property, which is the essential difference between "routine loan" and private lending. The purpose of private lending is to obtain interest income. Both borrowers and borrowers subjectively don’t want to default. Lenders hope that borrowers can repay on time, while "routine lending" is to lure and force borrowers to get high debts by designing routines under the guise of borrowing, and finally achieve the purpose of illegal possession of borrowers’ property.

　　Second, see if it has the nature of "fraud". Private lending is a lending behavior under the true will of both parties, and "routine lending" has the nature of fraud. The actor deliberately designed various routines to create the illusion of creditor’s rights and debts and illegally seize other people’s property. For example, some criminals often use low interest and no mortgage as bait to attract victims to "take the bait", and induce victims to sign a false loan contract on the grounds of industry rules, falsely claiming that as long as the loan is repaid on time, the false loan amount will not be repaid, then creating false payment traces, deliberately creating a breach of contract by refusing to accept repayment, and forming high debts through a series of "routines" to achieve the purpose of illegally occupying other people’s property.

　　Third, see if debt collection means are mandatory. "Routine loan" creates an inflated loan amount, which goes against the victim’s will, and it is impossible for the victim to repay the debt voluntarily. Therefore, the actors of "routine loan" often demand the debt by both hard and soft means, and usually force the victim to pay the debt by means of violence, "soft violence", harassment or litigation.

　　Jiang Wei also said that the distinction between "routine loans" and private loans should be comprehensively judged according to the facts and evidence of the case, and it is not only concerned with a certain factor or a certain plot. For example, we can’t just look at whether there is violence in debt collection to distinguish the two. Private lending activities may also induce illegal debt collection, such as threatening violence or violence when collecting debts. If this behavior constitutes a crime such as intentional injury or illegal detention, criminal responsibility should be investigated according to law, that is to say, violent debt collection caused by private lending should be charged according to the law, but it cannot be regarded as an evil force crime in the case of "routine loan".

　　Text/Reporter Yuyang Gao Coordinator/Xu Feng

　　Common five routines of routine loan

　　(1) create the illusion of private lending. Criminal suspects and defendants often publicize in the names of small loan companies, investment companies, consulting companies, guarantee companies and peer-to-peer lending platform, and attract victims to borrow money with low interest, no mortgage, no guarantee and quick loan, and then induce victims to sign loan agreements or related agreements with false reasons such as "margin" and "regulations" based on misconceptions. Some criminal suspects and defendants will also force the other party to sign a "loan" agreement or related agreement with a falsely high amount on the grounds of the victim’s previous loan default.

　　(2) False payment facts, such as the running of manufacturing funds. Criminal suspects and defendants transferred funds to the victim’s account according to the inflated "loan" agreement amount, creating traces of bank running water that all loans had been delivered to the victim, and then all or part of the funds were recovered by various means, but the victim did not actually obtain or fully obtain the money shown in the "loan" agreement and bank running water.

　　(3) Deliberately creating a breach of contract or arbitrarily identifying a breach of contract. Criminal suspects and defendants often deliberately cause the victim to default by setting default traps and creating repayment obstacles, or force the victim to repay false debts by arbitrarily identifying the default.

　　(4) maliciously raising the loan amount. When the victim is unable to repay, some criminal suspects and defendants will arrange their affiliated companies or designated affiliated companies and affiliated personnel to repay the "loan" for the victim, and then sign an inflated "loan" agreement or related agreement with the victim, so as to continuously build up the "debt" through this way of "transferring the single account to even account" and "repaying the loan by loan".

　　(5) "demanding debts" with both hard and soft methods. In the case that the victim fails to repay the inflated "loan", the criminal suspect and the defendant demand "debt" from the victim or the victim’s specific relationship by means of litigation, arbitration, notarization or violence, threats and other means.

　　Text/reporter Cheng Wei