On April 9, the whole nation is swept black do to hold a press conference first, release procuratorate of top people court, top people, the Ministry of Public Security, judiciary publicly to combine print and distribute " carry out about dealing with " weak force " criminal case the opinion of a certain number of problems " (abbreviation " opinion " ) .
" opinion " point out, dog stick lean, mudslinging, ill will is informed against, word of circumvent of bring a false charge against sb, 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, labour of the block that block the door up, place field manner put on a show of force, gather a crowd fool make make trouble of mobbish, block the way, belong to " weak force " illegal crime method.
" opinion " clear, pass website sth resembling a net or communication tool implements measure of relevant illegal crime, ought to maintain for " weak force " .
The whole nation is swept black do Wei of Du Hang of undersecretary of vice director, the Ministry of Public Security to introduce, " opinion " share 12, basically include the content of all directions face:
Was to be made clear further " weak force " basic idea. Will " weak force " limit for " 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. Affect normal life, job, production, management illegal crime resort..
2 was to list " weak force " expressional form. In judicatory practice, "Weak force " the law beneficial of enroach on basically includes person right, democratic right, property right, the life, job, production, management order and social order 3 kinds. Accordingly, " opinion " basis " weak force " the law advantage of enroach on is distinct, adopt enumerated means, right " weak force " normally expressional form makes a provision, avoided across, repeat and omit, divided a classified method about specific crime to maintain with criminal law consistent.
3 was to set " weak force " the method maintains a level objectively. Violent means is opposite directly commonly the belongings of the injured party, body is caused damage or harm, "Weak force " the method often is caused through indirect way damage or harm, the happening that endangers consequence has lag sex, obtain direct evidence hard. To this, " opinion " it is to can be being maintained " weak force " external state of affairs was made refine further, include black vicious power to carry out, carry out with name of black vicious power, carry what lethal weapon carries out to wait for case.
4 it is clear " weak force " method normally applicable specific accusation. " opinion " to using " weak force " the method is carried out force to trade, imprison provoke affray, illegally, invade the black vicious power such as the residence, blackmail illegally customary executive crime, how to conviction punishment made specific provision, use to allow to be maintained truly " weak force " the specific illegal crime that the method carries out offers clear directive opinion.
" opinion " apply since April 9, 2019.
