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Accurate, hard, deep and thorough-five departments issued four legal and policy documents on the special struggle against triads and evils.
The National Anti-triad Office held a press conference in Beijing on the 21st, announcement of the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the ''Regarding the Division of Labor and Responsibility, Mutual Cooperation, and Mutual Restriction and Severe Punishment of Public Officials Involved in Crimes and Crimes in the Special Struggle against Evil and Evil "Notice", "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Loans and Evil Forces by Using Information Networks" there are four legal and policy documents, such as opinions on several issues, such as opinions on several issues of voluntary surrender and meritorious service of criminals of criminal and evil forces who carry out punishment in different places across provinces.
Chen Yixin, secretary general of the Central political and Law Commission and director of the National Anti-triad Office, said that the introduction of the above-mentioned legal and policy documents is a concrete embodiment of conscientiously implementing the requirements of comprehensively governing the country according to law, and is also an important measure to improve the legal and policy guarantee of the special struggle, which has a positive and far-reaching impact on ensuring the eradication of triads and evils and promoting the in-depth and healthy development of the special struggle in accordance with the law.
"Breaking the net with umbrellas" focuses on investigating and handling 7 types of cases involving public officials in crimes involving gangs and crimes.
The notice on the division of labor and responsibility, mutual cooperation and mutual restriction in the special struggle against underworld and evil, points out that supervisory organs, people's courts, people's procuratorates and public security organs at all levels should focus on the illegal and criminal cases of underworld and evil forces and the process of taking shape, We should strictly investigate and handle the illegal and criminal cases involving public officials.
According to the circular, it will focus on investigating and handling seven types of cases involving public officials involved in crimes involving underworld and evil, namely, cases in which public officials directly organize, lead and participate in illegal and criminal activities of underworld and evil forces; cases in which public officials harbor, condone and support crimes committed by underworld and evil forces and other serious criminal crimes; public officials accept bribes and abuse their power, Help the underworld personnel to obtain public office or political honor, cases of embezzling state and collective funds, resources, and assets, disrupting the order of fair competition, or providing support and assistance to criminal and evil forces in policies, projects, funds, financial credit, etc.; cases of abuse of power and dereliction of duty by staff of state organs responsible for investigation and prohibition of supervision to help criminals evade punishment; cases of judicial personnel perverting the law for personal gain, civil perverting the law, dereliction of duty or abuse of power in the execution of judgments, private release of detainees, and cases of commutation, parole, and temporary execution outside prison; cases in which public officials use their authority to retaliate against case-handling personnel.
Cui Peng, member of the Standing Committee of the Central Commission for Discipline Inspection, member of the State Supervision Commission, and deputy director of the National Anti-triad Office, said that "breaking the net with an umbrella" is the main direction of the next special struggle. In order to win this tough battle, we must not only clarify the key points of investigation and handling, implement precise and effective strikes, but also insist on taking facts as the basis, taking the law as the criterion, comprehensively considering various factors, and accurately determining the nature of the problem.
Clarify illegal lending behavior and severely punish illegal lending by evil forces.
Due to the lack of clear and unified standards for the identification of illegal lending, there is also some controversy about whether it should be included in the scope of criminal law adjustment, resulting in some illegal lending activities that seriously disrupt the order of the financial market can not be effectively cracked down. In response to this problem, the Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending clarified that it violated national regulations, without the approval of the regulatory authority, or exceeded the scope of business, for the purpose of profit, regularly issued loans to unspecified objects in the society. If the order of the financial market is disturbed, and the circumstances are serious, it shall be convicted and punished for the crime of illegal business operations in accordance with the provisions of Item (IV) of Article 225 of the Criminal Law.
Jiang Wei, vice president of the Supreme People's Court and deputy director of the National Anti-triad Office, said that in recent years, various criminal cases caused by illegal lending have shown a high incidence, which has aroused widespread concern from all walks of life. The survey found that in order to obtain high interest rates, illegal lenders often organize the use of violence, threats and other methods to collect, forming illegal lending, debt collection gangs, it is easy to transform into evil forces, precisely because of the fast profits and high returns. Illegal lending has also become an important means for some evil forces to collect money.
In order to protect the normal private financing and accurately punish the criminal activities of illegal lending, the opinion will target the illegal high-interest lending, which is the most harmful to society, and make it clear that the illegal lending with a single actual annual interest rate of more than 36% will be used as the benchmark in conviction and sentencing, and from several aspects such as the amount of illegal lending, the amount of illegal income, the amount of illegal lending and the harmful consequences caused, specific criteria for "serious circumstances" and "particularly serious circumstances" are provided.
In addition, the opinions also make it clear that for illegal lending by criminal and evil forces, the starting point standards for the amount of illegal lending, the amount of illegal income, and the number of illegal lending objects that are determined to be "serious" or "particularly serious" are lower than the general illegal lending. The standard of conviction and the standard of aggravating punishment fully embodies the policy spirit of differentiated treatment and severe punishment.
Cut off the "black hands" of online evil forces"
The "Opinions on Several Issues Concerning the Handling of Criminal Cases Committed by Criminal Forces Using Information Networks" pointed out that threats, blackmail, and threats by publishing and deleting negative or false information, sending insulting information and pictures, and using information and telephone harassment. Those who intimidate or nuisance others and commit crimes committed by criminal and evil forces shall be accurately identified and severely punished in accordance with the law. At the same time, it has made clear provisions on how to determine the crime of forced transaction, extortion and provocation committed by the use of information network, as well as the special ways of obtaining evidence in such cases.
Du Hangwei, deputy minister of the Ministry of Public Security and deputy director of the National Anti-triad Office, introduced that the opinions are problem-oriented and urgently need to be clarified in judicial practice, for example, which underworld crimes can be committed online, and which underworld crimes can be carried out through a combination of online and offline.
At the same time, the opinion starts from the four characteristics of the criminal organization stipulated in the criminal law, and stipulates the particularity of the evil forces that use the information network to commit crimes. In terms of organizational characteristics, in order to avoid attacks, the evil forces use the convenience of information network communication to divide labor and cooperate. Some members do not even need to meet each other and get to know each other. In this regard, the opinion makes it clear that "for some members of the organization to contact and carry out illegal and criminal activities of criminal and evil forces through the information network, even if they do not meet each other and do not know each other well, it will not affect the identification of the characteristics of the organization". In terms of harmful characteristics, since the crimes committed by criminal and evil forces using information networks generally involve a wide range of regions and industries, which are different from the crimes committed by traditional criminal and evil forces, it is clear that this should be comprehensively judged in the light of cyberspace and the real society. if crimes committed by criminal and evil forces "have a significant impact on cyberspace and the real society" and "seriously undermine the order of economic and social life", should be identified as "in a certain area or industry, the formation of illegal control or significant influence".
Opening up the "Second Battlefield" of the Special Struggle against Black and Evil"
The Opinions on Several Issues Concerning the Confession of Criminals of Criminal Forces Executing Penalties in Different Places Across Provinces and Constituting Self-surrender and Meritorious Service stipulates that the prison shall be responsible for educating and guiding criminals serving sentences in different places across provinces and crimes to confess and confess other criminal acts that the judicial organs have not mastered, encourage the prosecution and expose other criminal acts of others, and form written inquiry materials, according to the nature of the case, transfer to the provincial public security organ, people's procuratorate or other provincial competent department where the original case-handling investigation agency is located for review and handling in accordance with the law.
Vice Minister of Justice Liu Zhiqiang pointed out that the opinions clarified the division of responsibilities in the investigation and transfer of case clues, improved the coordination and cooperation mechanism in the case handling process, established a notification system in the case handling process, and protected criminals involved in gangs and crimes to confess and report. Enthusiasm.
In the light of the needs of actual work, the opinions clearly define the work process for the transfer of clues to confess and report cases of criminals serving sentences in different places across provinces, standardize the work process of public security organs, people's procuratorates, and people's courts in handling the above-mentioned cases, the work process of arraignment, prosecution, and trial, and strengthen the coordination and cooperation mechanism of various political and legal departments.
In addition, the opinions stipulate that all political and legal departments should implement the criminal policy of combining leniency and strictness in handling cases involving criminals and criminals who confess and report crimes, handle cases in accordance with the law, and settle them quickly. In handling cases involving criminal syndicates and crimes, necessary measures should be taken to protect the personal and property safety of criminals and their close relatives. If a criminal involved in criminal syndicates another person's criminal act, which constitutes a meritorious service or a major meritorious service, the prison shall apply for commutation of sentence according to law; if it does not constitute a meritorious service or a major meritorious service, the prison may also give daily assessment rewards or material rewards according to regulations.
Source: Xinhua News Agency
Reporter Liu Yizhan
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