Yesterday, a fundamental news cannot miss: The whole nation is swept black do to hold a press conference first.
Assemble of this news briefing public security organs manages 4 branches, also be the whole nation is swept at the same time black manage director, vice director " one 4 pairs " the leader is attended, standards can say those who comparative is tall.
The information that leaks on the meeting is very important more. The conference released 4 " opinion " : Of print and distribute of combination of procuratorate of top people court, top people, the Ministry of Public Security, judiciary " about handling case of vicious power criminal the opinion of a certain number of problems " " about dealing with " cover a road to borrow " criminal case the opinion of a certain number of problems " " about dealing with criminal of black vicious power the belongings in the case.
These 4 " opinion " can be being regarded already is black to going more than one year to sweep the summary that divides evil special accuse and denounce at a meeting, sublimate, also can regard the response that is pair of newest heat problems, information content is great.
We raise a focal point, will look one by one.
Phenomenon
4 " opinion " in, have a few words conspicuous all the more.
One is " weak force " .
By 2018, public security bureau of county of the chestnut on city of country of Jiangxi province duckweed destroys to demand repayment illegally gang of vicious power crime. Among them, some waits for moustache of gang core member to be reached in much home guesthouse civilian rent a house inside offer gambling house illegally, for obtain usurious illegal profit, get together much person, with " burn lacquer of paper made to resemble money and burned as an offering to the dead, fuel injection, spill excrement and urine, dozen break breath of article, post a letter to threaten, press in the winter debtor commits suicide bathe cold water " wait for a method to demand repayment illegally.
This is namely in the special accuse and denounce at a meeting that goes one year, blow is carried out " weak force " a case of crime.
Before this, came on stage in March 2018 " about handling case of crime of black vicious power the directive opinion of a certain number of problems " in, have mention use " weak force " the case of executive crime, but the provision is relatively obscure. And this " carry out about dealing with " weak force " criminal case the opinion of a certain number of problems " special undertook enumerative explicitly.
For instance " dog stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force " this kind violates person right, democratic right, property right; Be like again " word of the gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, the block that block the door up is versed in " etc, these " blackguardly way " belong to " weak force " .
Another word is " cover a road to borrow " .
In of all kinds and illegal loan, pester with black vicious power very deep " cover a road to borrow " it may be said is the most frenzied. This " about dealing with " cover a road to borrow " criminal case the opinion of a certain number of problems " say very clearly: It is a purpose with detinue, folk of make use of's leasehold name, prevail on or force the injured party to sign " leasehold " or covert " leasehold " " guaranty " " assure " wait for relevant agreement, add the means such as evidence of the leasehold amount, baleful production break a contact, wanton cognizance break a contact, reimbursement that destroy conceal to form debt of false creditor's rights through empty, and lawsuit of have the aid of, arbitral, notarization perhaps uses the injured party of violent, menace and other measure detinue, be a model " cover a road to borrow " .
Assistant dean of top people court, whole nation is swept black do vice director Jiang Wei to point out, "Cover a road to borrow " the harm is massive, and the instrument of a kind of crime that already made black vicious power, social report is strong. And because its are making folk's leasehold pretense, have very strong puzzle the gender is mixed concealment quality, people is deceived easily.
Handle a case for normative guidance, also to let common people recognize " cover a road to borrow " harm, this " opinion " listed " cover a road to borrow " gimmick of a few common crime, for instance production folk leasehold false appearance, production capital walks along Zhang running water to wait to give phonily pay make break a promise fact, intentionally amount of fast loan of wanton perhaps cognizance break a contact, baleful base, use both hard and soft tactics " demand payment of a debt " etc.
In punishing a regulation, " opinion " particularly clear still, with old people, minor, carry out in the school student, factitious boy or girl friend that loses labor ability " cover a road to borrow " , or because carry out " cover a road to borrow " create the victim or its are suicide of specific relation person, death, touched, to repay " debt " and of executive crime activity, outside explaining what have a regulation additionally except criminal law, judicatory, ought to take into consideration the circumstances from heavy punishment.
Standard
In special accuse and denounce at a meeting, the cognizance that organizes to gangdom property all the time relatively clear, but right " vicious power " identify formula to have difference. This, " about handling case of vicious power criminal the opinion of a certain number of problems " gave out new standard.
This " opinion " the space that used 1630 words comes the cognizance standard of group of crime of detailed and normative vicious power, vicious power. Emphasize among them, have without " to be not common people of do evil, bully and oppress " the feature is the main standard that examines judgement vicious power. And pure for obtain illegal economy interest and executive irregularity commits a crime, perhaps cause what belong to there is good reason for it truly with etc because of all sorts of folk dispute to violate guilty activity, should not regard vicious power case as processing. From this the dividing line that designation gave vicious power case and case of common and collective crime.
Law is majestic, maintain " black " " evil " need from severe, from fine. With this " opinion " contrast to be able to understand, cause network heat to discuss recently a few will adorn hyperbole bullion is acted the role of taste the personnel, Biao Han that tattooes the skin with fierce animal personnel, break personnel of exclusive front courtyard, part to appeal for help personnel maintain for " black vicious power " news, not worth really one smile.
" opinion " still point out, cognizance vicious power, requirement " it is 3 people above commonly " . Before this, some handling a case personnel exists " simple processing, relevant calculates " wrong way. And now, should " subjective " know perfectly well vicious power to endanger gender and " objective " participate in illegal crime activity to exist, just calculate vicious power member.
"Only because of temporarily employ or by employ, use or be reached to suffer becloud to participate in a few vicious power to violate guilty activity by benefit in order to, should not maintain commonly for vicious power member " , and, "Full member is first perhaps element, get together person with etc important member all is minor, old people, disabled, when group of crime of cognizance vicious power, vicious power ought to particularly discreet " .
Additional, to a few features of vicious power gang, be like " often get together is together " how ought to hold, " violate guilty activity for many times " how ought to calculate, " cause relatively abominable society to affect " how ought to maintain etc, existing to know difference in different case in the past. Now, " opinion " to Shi Ming of above problem one by one, settled dispute, handle a case to execute the law provide clear basis.
In the center of no less than politics and law appoint secretary-general, whole nation is swept black do director Chen Yixin be said, this 4 " opinion " come on stage, perfected the regulation of the respect such as evidence of evil case of experience black experience, program, be helpful for lawfully, in time blow black vicious power violates crime, accomplish both neither of evil case of black to experience experience " unplug tall " also not " degradation " .
"Lawfully, accurate, seasonable " , not " unplug tall " , not " degradation " , these 12 words should be swept to examine black the core that qualitative effect handles a case in dividing evil special accuse and denounce at a meeting.
Lawfully
Come one many year, the whole nation is swept black the result that obtains except evil special accuse and denounce at a meeting is beyond question.
Up to in November 2018, the whole nation destroys experience black organization more than 1000, person of the accused of evil case of black experience of experience of first instance court decision more than 14 thousand, black experience of 18 thousand experience is evil a criminal give himself up to the police of illegal crime personnel confesses his crime. Countrywide criminal case drops 7.9% , hold a gun the case drops 38.9% , explosive case drops 29.1% , murder case drops 6.3% .
"Special accuse and denounce at a meeting obtained level sex result, arrogance of aggressive of black vicious power receives serious blow, environment of security of society is improved apparently, wind of party conduct politics social conduct improves apparently, development environment is optimized apparently, safe feeling, satisfaction spends masses to increase apparently " , this is the judgement that Chen Yixin gives out.
Besides the number, more important is how to let sweep black except evil around " lawfully " 2 words advance. Central leader comrade emphasizes for many times, special accuse and denounce at a meeting should carry out the deploy that depends on law state in the round to ask seriously, ensure of legislation of conduction each case withstand and history examine.
According to by a definite date target of 3 years asks, this year is to sweep black of the linchpin that removes a connecting link between the preceding and the following of evil special accuse and denounce at a meeting year, its are reflected one of it is black experience evil case enters large quantities of experience in succession sue, trial segment.
According to statistic, to the end of this year March, the whole nation prosecutes case of evil crime of experience black experience 14226 79018 people, rule evil case of experience black experience is become lawfully current very main job. A few new cases, new issue appears, right also laws and regulations of accurate and applicable law, punish severely black vicious power to violated crime to raise taller requirement lawfully.
Below such setting, more detailed standard comes on stage imperative.
This 4 " opinion " make, can say, since essence handles a case definitely, punish severely lawfully need, also be to respond to what the society is deeply concerned to lift. At instantly, the legal policy that in can solving current and special accuse and denounce at a meeting, encounters is applicable problem; Henceforth, it is to strengthen fountainhead to be on guard the processing, significant move that builds firm society to administer law basis.
A year ago on January 24, it is a heavy snow fly violently dried meat 8, that day towards evening, " sweep about beginning black the announcement that divides evil special accuse and denounce at a meeting " heavy pound will raid. Thenceforth we with respect to this witting:
Storm swings dust, extensive of the arm of the law, scanty and do not leak.
Civil / Gong Fu gives a place of strategic importance
