Recently, procuratorate of top people court, top people, the Ministry of Public Security, judiciary combined print and distribute to be carried out about dealing with recently " weak force " criminal case the opinion of a certain number of problems, penalize clearly lawfully use " weak force " executive crime.
The opinion points out, "Weak force " it is to show behavior person is seek illegal profit or form illegal influence, perhaps undertake in concerned place to other mobbish, pester, fool be troubled by, gather a crowd go to situation, enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, affect normal life, job, production, management illegal crime resort.
According to the opinion, "Weak force " illegal crime method normally expressional form has:
Violate the measure of person right, democratic right, property right, include but not be confined to dogs stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait;
The method of disturbed and normal life, job, production, management order, include but not be confined to invades other house illegally, destroy living facilities, setting word of the life obstacle, 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, labour of the block that block the door up, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, management place;
The method of disturbed society order, include but not be confined to places field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait;
Other a tally issued by a ruler to generals is acceptability see a regulation " weak force " method.
The opinion points out, the debt that does not get legal protection for strong demand or because of other and illegal purpose, employ, incite other to use " weak force " freedom of person of illegal privative other forms the method to imprison a blame illegally, invade affray of other residence, provoke illegally perhaps, form what invade residential blame, provoke affray blame illegally, to employ person, the person that incite, general ought to with the prime culprit punish in collective crime; Because legal liability, marriage loves oneself and close relative, the folk such as dispute of family, neighborhood is contradictory and employ, incite, did not cause serious consequence, general nonfeasance crime is handled, but the except that check via concerning a branch to criticize or still continues to carry out.
The whole nation is swept black do Wei of Du Hang of undersecretary of vice director, the Ministry of Public Security to unscramble
Carry out about dealing with " weak force " criminal case
The opinion of a certain number of problems
In judicatory practice, limit " weak force " what problem should note?
Du Hang Wei expresses, come on stage this jointly " opinion " will " weak force " limit the guilty instrument that is a kind to stand side by side with violent, minatory method. Regard crime as the method " weak force " , it is a kind of method of behavior only, not be a on criminal law meaning complete criminality. That is to say, "Weak force " the action shift that can regard provoke affray as the blame already, also can regard the behavior of blackmail blame as the method, resemble violent means can regarding intended harm as the method of the blame already, like also can serving as the method that imprisons a blame illegally. Those who want particularly ambitious accent is, "Weak force " violate guilty measure as a kind, whether can make crime, return what should accord with specific accusation to make important document; Whether make black vicious power, return the cognizance standard of the feature that ought to accord with black vicious power and black vicious power.
" opinion " right " weak force " the law beneficial of place enroach on made 4 categories differentiate. Method of this kind of classification avoided to be opposite only " weak force " the across that objective expression form undertakes generalizing and appears possibly, repeat and omit, also divided a classified method about specific crime to maintain with criminal law consistent, made relatively comprehensive enumeration as far as possible. In addition, " opinion " to blow with " weak force " the specific law that the method implements crime is applicable, how to conviction namely punishment made specific, specific provision.
To " weak force " the method holds an issue, du Hang Wei expresses, " opinion " maintain a level objectively clearly technically. Of ambitious attune is " opinion " in tell two " enough " . "Weak force " ought to enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, the effect is normal the life, job, production, manage, ability makes the instrument of illegal crime. Case can be maintained to what for " enough " , " opinion " also made refine further. Should say to be on this problem, " opinion " the regulation is clearer.
Du Hang Wei says, in execute the law specificly in practice, departmental door meets politics and law to cooperate closely, insist to handle a case lawfully, hold to legal standard, both neither expands, do not unplug tall, also do not lower his standard or status, strengthen law to supervise, aggrandizement program consciousness and evidential consciousness, ensure punish when its blame.
About " weak force " does crime appear now a what kind of condition to give? Is what behavior can be limitted to be " weak force " guilty method?
Du Hang Wei points out, develop as economic society, sweep black increasing except evil strength, black vicious power is hit to escape, gimmick of ceaseless commutation crime, gradually slam the door original carry torches and weapons in a robbery-conduct evil activities openly, dozen dozen kill killed apparently violent measure, turn and adopt what become psychology easily to enforce to other form " weak force " .
Du Hang Wei says, "Weak force " make a way increasing, criminal, especially criminal of a few black vicious power is planted with this gimmick is increasing also. Dog for instance mobbish other, ill will informs against frame a case against, sow dirge to place lacquer of wreath, fuel injection to block keyhole up, place field manner demonstrate to wait a moment. From coverage of media of a few news, perhaps can see from inside a few case, these are " weak force " guilty gimmick.
Wei analyses Du Hang, from expression formally looks, "Weak force " differ apparently with force, but its harm consequence commits a crime with conventional force however identical, even some of consequence that cause exceeded traditional violent gimmick crime. For instance, when before long detect does before mechanism of Zhejiang public security " cover a road to borrow " in the case, fall into debt when the victim trap, insolvent when, guilty gang passes friend of pair of victims and its family member, address book to undertake menace, threaten, annoy wait for a method, press victim repays empty high debt. Because victim Zhang Mou is insolvent empty high debt, those who suffer this gang " weak force " urge close, gang member sends all sorts of threatening to its, contumelious picture, final Zhang Mou can'ts bear bearing, be forced commit suicide. This is a more typical case.
Du Hang Wei discloses, this " opinion " before was being solved paragraph time is being swept black except fierce fight in the center, include to hit a few otherer among crime, "Weak force " perplex basic level for a long time to execute the law the difficult problem in the job. Next, public security mechanism should be carried out seriously fulfil, the organization is carried out.
