The support of the people in cracking down on Sky bet and evil

The support of the people in cracking down on Sky bet and evil

——Interpretation of 4 opinions issued by the National Anti-Sky bet Office of the "Two Highs" and "Two Ministries" on handling "routine loans" and "soft violence" criminal cases

　　April 9，The National Anti-Sky bet Office held its first press conference in Beijing，Published by the Supreme People's Court、Supreme People’s Procuratorate、Ministry of Public Security、The "Opinions on Several Issues Concerning the Handling of Criminal Cases of Evil Forces", "Opinions on Several Issues Concerning the Handling of Criminal Cases of "Routine Loans"" and "Opinions on Several Issues Concerning the Handling of Property Disposal in Criminal Cases of Underworld and Evil Forces" jointly issued by the Ministry of Justice "Opinions on Several Issues Concerning the Handling of Criminal Cases Committing "Soft Violence"" and other 4 opinions。

　　With the comprehensive and in-depth advancement of the special campaign against gangs and evil，A large number of gang-related and evil cases are being prosecuted、Trial session，Accurate application of laws and regulations，Severely punish the crimes committed by evil forces in accordance with the law and put forward higher requirements。Secretary-General of the Central Political and Legal Affairs Commission、In the opinion of Chen Yixin, director of the National Anti-Sky bet Office，The National Anti-Sky bet Office promotes the formulation of these 4 opinions，To improve the quality and efficiency of handling gang-related and evil cases，An accurate and timely crackdown on the illegal crimes of evil forces in accordance with the law will have a positive and far-reaching impact。

　　Experts and scholars from the national political and legal work front and universities，New content around 4 Sky bet、The new concept and the important role it will play were discussed in depth。

　　Aiming at the economic base of the Sky bet forces to exert force

　　A complete blow、Eradicate the Sky bet forces and crimes，The economic foundation of the Sky bet forces must be completely eradicated，It loses the breeding soil。

　　“In 2019, when we were handling a case of a ‘routine loan’ involving a ‘car mortgage’ involving a criminal group，After discovering that the person involved drove away the victim’s mortgaged vehicle，Refused to admit where the vehicle was hidden，The vehicle cannot be found，It can only be judged as ‘return’ but cannot be implemented。"Chen Huifang, director Sky bet Public Prosecution Department Sky bet People's Procuratorate of Jianggan District, Hangzhou City, Zhejiang Province, pointed out as an example。

　　Meng Kai, a post prosecutor of the People’s Procuratorate of Lingbi County, Suzhou City, Anhui Province, said frankly，Before the promulgation of the "Opinions on Several Issues Concerning the Handling of Property Disposal in Criminal Cases involving Underworld Forces"，Determination of the scope of property involved by judicial authorities、How to comprehensively collect evidence、How to take relevant measures、There is a lack of clear regulations and operability on how to implement it，brings certain difficulties to the crackdown on gangs and Sky bet and "cutting off wealth and blood"。

　　After the opinions are issued，These problems will be effectively solved，The disposal of property involved in criminal cases involving evil forces is further legalized，Strong impact。Deputy Prosecutor General of the Supreme People’s Procuratorate、Chen Guoqing, deputy director of the National Anti-Sky bet Office, pointed out，"Opinions on Several Issues Concerning the Handling of Property Disposal in Criminal Cases of Underworld" on the Scope and Treatment Methods of Property Related to Underworld、The procedures are clearly defined，It is conducive to ensuring the economic foundation for destroying evil forces in accordance with the law to the greatest extent。

　　“This places greater emphasis on the system and strengthens the disposal of the property involved in the case，To ensure the possibility of economically curbing the resurgence of evil forces。" Wan Yi, professor at Sichuan University Law School explained，In Article 16 of the "Opinions on Several Issues Concerning the Handling of Property Disposal in Criminal Cases of Underworld Forces"，Clearly stipulates that situations where a third party acquires the property involved in the case without good faith must be recovered in accordance with the law；In the definition of “income” in Article 22，will converge、Property investment acquired、Property and income generated from real estate purchase are listed in it，The efforts to recover the property involved are not insignificant。On the other hand，In-depth investigation and crackdown on economic crimes related to crimes committed by evil forces，such as money laundering、Conceal、Concealing proceeds of Sky bet、Regulations on proceeds of Sky bet, etc.，Contained and combated the criminal derivatives of evil forces、Implicated、Other criminal acts based on，Not comprehensive。

　　Seize the key to the “routine” behavior in the Sky bet of “routine loan”

　　“Routine loan” is a new Sky bet of illegal possession and property infringement that has emerged in recent years。In the opinion of experts and scholars，“Routine loans” are subjectively aimed at illegal possession，Combined with various "routines" used to defraud money and collect debts from an objective perspective，It is an "upgraded version" that combines traditional loan sharking with other illegal and criminal activities。

　　Expert introduction，Common "routines" are mainly: creating the illusion of private lending，Inducing or forcing the victim to sign "loan" or disguised "loan", "mortgage", "guarantee" and other related agreements；Creating false payment facts such as fund transfers；Deliberately creating a breach of contract，arbitrarily determine breach of contract，Maybe destroy the evidence of repayment；Maliciously increase the loan amount；Finally resorted to litigation、Arbitration、Notarization or violence、Threats and other means，To achieve the purpose of illegally possessing the victim’s Sky bet。

　　“Opinions on Several Issues Concerning the Handling of Criminal Cases of ‘Routine Loans’” clarifies the boundaries between ‘Routine Loans’ and private lending，Make clear provisions on severely punishing the Sky bet of "routine loan" in accordance with the law。”Vice President of the Supreme People’s Court、Jiang Wei, deputy director of the National Anti-Sky bet Office said。

　　"Routine loan" crimes have many disguise methods，The legal rights and interests it infringes are complex，Therefore, clearly distinguish "routine loans" from general private loans，Not an easy thing。If the "routines" used by criminals are obviously made up、Characteristics of hiding the truth，Fraudulent behavior included in the Sky bet of fraud；Violent debt collection may constitute robbery、Sky bet of extortion、Intentional injury Sky bet、Illegal detention、Sky bet of Insult、The Sky bet of picking quarrels and provoking trouble, etc.；In terms of false litigation-type debt collection behavior，The perpetrator resorted to false litigation，The act of embezzling the victim’s property with the help of judicial coercion can constitute a Sky bet of triangular fraud。

　　Introduced by Lu Jianping, Vice President of the Institute of Criminal Legal Sciences of Beijing Normal University，The "Opinions on Several Issues Concerning the Handling of "Routine Loan" Criminal Cases" believes that the behavioral characteristics of the "Routine Loan" Sky bet as a whole are for the purpose of illegal possession，By fictional facts、Concealing the truth and defrauding the victim of his property，Therefore, it is generally convicted and punished for fraud。This can be said to have captured the key point of the “routine” behavior in the Sky bet of “routine loan”，Firmly grasp the overall attributes of the "routine loan" Sky bet。

　　"At the same time，According to new regulations，‘Routine loan’ Sky bet constitutes fraud、Extortion、Illegal detention、False lawsuits and other crimes，Will be based on specific case facts and different circumstances，In accordance with the provisions of the criminal law and relevant judicial interpretations, several crimes shall be punished together or one of them shall be punished。This is consistent with the characteristics of the behavior in the ‘debt collection’ stage that may meet the constituent elements of different crimes，Deserves recognition。" Lu Jianping pointed out。

　　Accurately identify and combat “Sky bet”

　　Illegal intrusion into other people’s homes、Destroy living facilities、Set up obstacles in life、Sprayed text on newspapers、Pull and hang banner、Set off firecrackers、Play sad music... At present, "soft violence" has become an important means for Sky bet forces to achieve their organizational goals，It is also the Sky bet forces that cause violence、Threat means evasive measures taken to prevent illegal crimes from being easily cracked down。

　　Deputy Minister of Public Security、Du Hangwei, deputy director of the National Anti-Sky bet Office, pointed out，The "Opinions on Several Issues Concerning the Handling of Criminal Cases Implementing "Soft Violence"" clarifies the basic concept of "soft violence"、Expression form、Objective identification standards，Conducive to accurately identifying specific crimes committed using "soft violence" methods。

　　“Precise refinement is an important feature of the new regulations。" Cheng Lei, a professor at the Law School of Renmin University of China pointed out，"Opinions on Several Issues Concerning the Handling of Criminal Cases Committing "Soft Violence"" is based on long-term judicial practice in the past, especially the law enforcement and judicial experience during the 2018 special campaign against gangs and Sky bet.，An exhaustive list of common manifestations of "soft violence" criminal methods。Water and power outage、Blocking the door、Drive away employees、Gathering a crowd to make noise and nuisance、Blocking the road and causing trouble are all within the scope of the regulations，Covers the specific forms of the word "soft" from all aspects，It will help law enforcement frontline personnel and all sectors of society fully understand the connotation and extension of "soft violence"，Promote the crackdown on "soft violence" illegal and criminal activities to be more precise。

　　Jin Gaofeng, a professor at the People’s Public Security University of China pointed out，The "Opinions on Several Issues Concerning the Handling of Criminal Cases Carrying out "Soft Violence"" stipulates that "soft violence" acts "carried out in the name of Sky bet forces"，That is, as long as "in the name of Sky bet forces" "soft violence" methods such as "tracking and sticking" and "cutting off water and electricity" are used，It can be considered as "enough to cause fear to others、Panic can lead to psychological coercion or be enough to influence、Restriction of personal freedom、Endanger personal and property safety or affect normal life、Work、Production、The degree of business operation，No need to make other arguments that are “sufficient” to cause actual harm。

　　“This is not only conducive to the identification of judicial organs and the masses’ identification of Sky bet forces，And it helps to eradicate the soil where Sky bet forces breed。"Jin Gaofeng said。

　　Fight Sky bet in accordance with the law and protect legitimate rights and interests in accordance with the law

　　People-oriented，This is the basic view of front-line judicial workers, experts and scholars on the contents Sky bet four opinions。Mo Hongxian, a professor at Wuhan University Law School, believes: “These opinions consider the needs of humanity and order，Taking into account the requirements of legality and rationality。”

　　"The Opinions on Several Issues Concerning the Handling of Property Disposal in Criminal Cases of Underworld Forces" etc. focus on humanized protection of legitimate rights and interests，Set up the legal property return Sky bet victim in accordance with the law、Acquired in good faith by a third party、Relief and protection system for rights such as returning property that is indeed irrelevant to the case to the persons involved，Ensure judicial civility。" Chen Huifang pointed out。

　　Achieve organic unity in combating Sky bet and protecting rights and interests。Introduction to Meng Kai，The opinion clearly stipulates that when measures are taken against the property involved，Should be a criminal suspect、The defendant and his dependent relatives retain necessary living expenses and items；Depending on the specific circumstances of the case，While ensuring the normal progress of litigation activities，Relevant persons can be allowed to continue to reasonably use the property involved，And take necessary measures to preserve the value。

　　“This is a breakthrough from previous legislation and judicial interpretations，It not only ensures the complete eradication of the economic foundation of the Sky bet forces，Maximum humanized law enforcement，Reduce the impact of case handling on the normal lives of criminal suspects and defendants and their close relatives、Impact on the normal operation of enterprises。" Meng Kai pointed out。

　　(Guangming Daily reporter Sky bet Huijuan Peng Jinghui Guangming Daily correspondent Tana)

Editor: Wang Shiyang