The basis concerns a provision, "Black vicious power " have strict cognizance requirement.
Gangdom has 4 sexes:
Sex of constituent sex, economy, behavior and illegal control sex.
Vicious power can have 3 sexes: To be not do evil regular, much person for many times the feature such as gender, abominable social influence sex. Accordingly, not all illegal criminality can be maintained to be " black vicious power " crime.
Of course, cannot maintain " black vicious power " also should depend on lawfully compasses give penalize, but if lax case is divisional, aleatoric an a few blame are black the illegal crime of evil property is maintained " black vicious power " crime appears in the newspaper, be there just to make up the number.
On one hand, can bring about right true " black vicious power " the laches of blow, sweep dispersedly black except evil energy, gave true " black vicious power " with covering, not agree with sweep black except evil ultimate goal;
On the other hand, once be maintained " black vicious power " , inevitable from heavy from severe punishment, go against sweep black except evil from fulfil from the gravity of severe judicatory policy again, probable meeting brings about the generation of a few unjust verdict.
To gangdom property constituent crime has consensus early and the requirement is relatively strict, must have 4 sexes ability to maintain at the same time. But the cognizance that commits a crime to vicious power also has certain requirement.
Actual fluctuation face these a few kinds of case are unfavorable maintain for black vicious power:
1
Fixed member is little the illegal criminality at 3 people, have the individual's regular provoke affray action only for instance, unfavorable maintaining is " black vicious power " .
2
The illegal criminality that 3 people above collects accidentally, only for instance the person gathers a crowd affray behavior, unfavorable maintaining is " black vicious power " .
3
Nonviolent sex reachs what browbeat with violent photograph to violate criminality, the gang that only for instance much person participates in for many times steals behavior, unfavorable maintaining is " black vicious power " gang.
4
"Vicious power " place crime should is normally all right " 7+11 " sort medium crime, but be suspected of on the contrary " 7+11 " kind the crime of accusation is not certainly " vicious power " crime, be suspected of only " 7+11 " in the crime in accusation, lack is blame do evil regular, much person for many times what gender, abominable society affects the feature such as the gender is unfavorable maintain for " vicious power " crime.
"7+11 " those who point to is: Force to trade, imprison intended harm, illegally, destroy property blackmail, intentionally, gather a crowd affray of affray, provoke. Accompany possibly still at the same time carry out open gambling house, organization to walk the street, force to walk the street, traffic drugs, carriage drugs, production drugs, rob, loot, gather a crowd disturbed society order, gather a crowd disturbed public order, traffic order and gather a crowd " beating "
5
"Vicious power " have commonly " to be not do evil, common people of bully and oppress, order of life of disturbed economy, society, cause relatively abominable society to affect " social attribute. The illegal crime that is based on neighborhood, marriage to love those who wait for dispute of daily folk life to carry out to did not cause a society to affect should be not maintained commonly for " vicious power " crime.
Especially general masses is troubled by for a long time visit, tangle seek the production such as disturbed concerned enterprise, unit, mechanism, manage, because the behavior of office order is not had " to be not do evil, common people of bully and oppress " feature, should not be normally as black vicious power crime is handled.
6
"Vicious power " be " gangdom property is organized " the configuration before forming, impossible evolution is " gangdom property is organized " organization (gang) unfavorable maintain for " vicious power " . How to judge " impossible " , should hold to objective standard, the station is maintained on the footing of social Everyman. Without behavior person " mix a society " " walk along Hei Daoer " wait for respect evidence, should not maintain normally for " vicious power " .
Chief editor: Zhang Rong Ying Yufu arms
