Recently, the Supreme People's Procuratorate printed and distributed typical cases of procuratorial organs punishing heinous crimes in the field of engineering construction according to law. This batch of cases focused on the field of engineering construction, covering the common and frequent links of mafia crimes such as demolition, earthwork, and building materials supply, including both family style mafia like organizations and non family style mafia like organizations.

The four typical cases released this time include three underworld type organization crimes and one criminal group crime committed by evil forces. They are respectively the case of Yu Mourong and others organizing, leading and participating in underworld type organizations, the case of Zeng Mouxiong and others organizing, leading and participating in underworld type organizations, and the case of Zhou Jia and others organizing, leading and participating in underworld type organizations, The case of Li Moumei and other criminal groups of evil forces deliberately destroying property and causing trouble.

The above typical cases all emphasize the adaptability of crime, responsibility and punishment, and accurately identify the criminal facts and members of underworld organizations and evil force groups according to law, so as not to be wasted or indulged. Case I makes it clear that enterprises involved in the bid solicitation, or other enterprise personnel involved in bidding or accompanying bidding for the purpose of earning bid solicitation fees and management fees, who have not participated in other illegal and criminal activities of the organization due to the monopoly position and significant influence of the triad nature organization, should not be identified as members of the triad nature organization. Case II makes it clear that the personnel working in the company set up by the triad organizers and leaders should be comprehensively analyzed and treated differently in combination with their subjective understanding, status, role and objective behavior. Case 3 clearly stated that we should adhere to the principle of "no leakage, no collection", strictly distinguish whether the persons involved in the case are business partners or members of criminal organizations involved in mafia, and deal with the units or persons who have cooperative relations with the evil forces. Case 4 clearly states that it is necessary to accurately identify members of criminal groups of evil forces and criminal facts, accurately distinguish between normal business behaviors and criminal behaviors that are not harmful to society, as well as crimes committed for personal interests and crimes committed for the interests of the group, so as not to be overindulged.

"The field of engineering construction is a traditional field of high incidence of mafia crimes, and is also an industry field focused on rectification. The release of this batch of typical cases is to better promote the implementation of the procuratorial organ's special action of" procuratorial protection of enterprises ", and protect the healthy development of the private economy." The head of the First Procuratorial Office of the Supreme People's Procuratorate pointed out that the procuratorial organ should deeply study and implement Xi Jinping's rule of law thought, Combine the special action of "procuratorial work and enterprise protection" with the regular fight against crime, focus on prominent problems in key areas such as engineering construction, and handle each case with high quality and efficiency. Adhere to the combination of punishment in accordance with the law and treatment of both the symptoms and the root causes, promote reform and treatment with cases, deeply participate in the rectification of key industries, establish a long-term mechanism to prevent evil forces, constantly improve the level of normalization, standardization and specialization of anti mafia, and help create a business environment based on the rule of law.

Case 1: Yu Mourong and others organized, led and participated in underworld organizations

Keywords

Governance of criminal organization members' litigation sources of mafia organizations

Basic Case

The defendant is a municipal engineering company limited in Hangzhou, Zhejiang.

The defendant, Yu Mourong, is directly in charge of a municipal engineering company in Hangzhou.

Dai Mousong, the defendant, is the legal representative of a municipal engineering company in Hangzhou.

The defendant Wang Moucheng is the legal representative of a cement company in Zhejiang Province.

The defendant Wu Moulong, the legal representative of a Zhejiang Construction Engineering Group Co., Ltd.

The basic information of other 64 persons and units involved in the case is omitted.

In 1995, the defendant Yu Mourong was sentenced for the crime of hooliganism. After his release from prison in 1997, Yu Mourong met the defendants Wu Moulong, Wang Moucheng and others successively. Since 2002, Yu Mourong and Wang Moucheng have successively recruited the defendants Dai Mousong, Gao Mouchang, Yang Moujiang, Lai Mouwei and Hua Mou who have served their sentences equally and released them and the social idle people. In September 2009, Yu Mourong, Dai Mousong, Wang Moucheng and others conspired to force a construction group limited company in Hangzhou to transfer its shares in an organized way, forcibly invested in a real estate project, and illegally earned 41.8 million yuan, establishing a strong position in Binjiang District, Hangzhou. Houyu Mourong and Dai Mousong founded a municipal engineering company limited in Hangzhou, and began to set foot in earthwork, municipal engineering and other engineering fields. They organized illegal order in the engineering and earthwork fields through illegal and criminal activities, and seized illegal interests, gradually forming a triad organization with Yu Mourong, Dai Mousong, Wang Moucheng and others as organizers and leaders.

At the same time, since 2001, the defendant Wu Moulong has successively enlisted the defendants Lai Moudong, Tang Mouyun and others, and has repeatedly carried out illegal and criminal activities such as forced trading, provocation and trouble making. In December 2009, Wu Moulong organized Lai Moudong to join a triad organization led by Yu Mourong and others. Since July 2014, in order to obtain the earthwork project, Wu Moulong has conspired with Yu Mourong, Dai Mousong and others to systematically carry out criminal acts such as forced trading; Tang Mouyun, a subordinate of Wu Moulong, was also instructed by Yu Mourong and Dai Mousong to commit the criminal act of collusion in bidding. The two forces colluded and merged with each other. With economic interests and engineering projects as the link, they developed and expanded into Yu Mourong, Dai Mousong, Wang Moucheng and Wu Moulong as organizers and leaders, with 10 backbone members and 17 active participants A relatively stable underworld organization with 35 general participants.

This mafia like organization has a clear internal hierarchy, implements hierarchical management, uses violence as the backing to crowd out and attack competitors, "protect businesses with mafia", implements illegal and criminal activities such as forced trading, extortion, collusion in bidding, and seizes huge economic benefits to strengthen economic strength. The organization "raises the mob with commerce", uses the captured benefits to feed the members of the organization, purchases vehicles for the members of the organization, repays gambling debts, purchases crime tools for the members to support their crimes, provides escape funds, makes contributions for compensation, settles the problems, provides treatment costs, pacifies the aftermath, etc., also organizes members to meet, entertain, take drugs, and distributes benefits by arranging members to contract projects To win the hearts of the people and attract and corrupt the staff of relevant countries, so as to maintain the operation and development of the organization.

By violence, threat or other means, this underworld organization has committed crimes, oppressed and maimed the masses, and systematically carried out more than 170 illegal and criminal facts, such as smuggling weapons, provoking trouble, gathering people to disturb social order, extortion, gathering people to fight, intentional injury, illegal detention, forced trading, collusive bidding, and opening casinos, involving more than 4 billion yuan, 14 people were slightly injured, 8 people were slightly injured and other serious consequences were caused. In order to seek asylum, the organization has repeatedly offered bribes to attract and corrupt relevant national staff, with a total amount of more than 7 million yuan, providing illegal protection for the organization of illegal and criminal activities.

Through a large number of illegal and criminal activities, this triad organization illegally controls the earthwork, municipal greening, civil engineering and other projects in the Binjiang District of Hangzhou City, interfering with the normal production, operation and life of others, causing adverse effects in the local area, seriously destroying the order of the local economy and social life, and destroying the fair competition environment; By means of violence and "soft violence", illegally extorting debts, doing evil and dominating the local people, they form psychological coercion and deterrence against the local people, so that the people whose legitimate interests are damaged dare not report or accuse, and seriously disturb the local social life order; Crime of defrauding loans and falsely issuing special VAT invoices has caused huge economic losses to the country and seriously disrupted the local economic order. The organization also provided shelter for national staff by attracting and corrupting them, making them escape attack and gain momentum, which seriously damaged the credibility of the government and judicial justice.

This case was filed by Zhejiang Provincial Public Security Department on May 7, 2018, and Dongyang Public Security Bureau was designated to investigate on the same day. On June 11, 2019, the Jinhua People's Procuratorate filed a public prosecution against 14 defendants (organizers, leaders and key members) including Yu Mourong and 5 defendant units involved in the criminal syndicate; The case involving other active participants and ordinary participants will be prosecuted by Dongyang People's Procuratorate to Dongyang People's Court in July 2019. On December 24, 2019, Jinhua Intermediate People's Court made a judgment of first instance, sentenced Yu Mourong and other organizers, leaders and skeleton members to life imprisonment, 25 to 8 years imprisonment, and deprived of political rights for the crime of organizing and leading mafia like organizations, smuggling weapons, gathering people to fight, causing trouble, extortion and other crimes, He shall also be sentenced to confiscation of all his property; The active participants and ordinary participants in the Mafia related cases shall be sentenced to fixed-term imprisonment ranging from 14 years and six months to one year and two months respectively by the Dongyang Municipal People's Court, and shall also be punished with corresponding fines. After the judgment, Yu Mourong and other organizers and leaders filed an appeal, and the Zhejiang Higher People's Court ruled on January 21, 2020 to reject the appeal and uphold the original judgment.

[Accusing and proving crimes]

In the process of handling the case, the procuratorial organ reviewed and believed that the criminal organization composed of Yu Mourong, Dai Mousong, Wang Moucheng, Wu Moulong and others conformed to the four characteristics of a triad organization, and should be identified as a triad organization. The main difficulties focus on how to distinguish between organizational crime and individual crime, and how to determine whether the members of the organization are separated from the organization.

（1） Accurately distinguish organized crime from individual crime according to law. One of the focuses of the dispute in this case is whether the behavior of the organization members who came to Weiwei, Tong Moucai, Xu Mou, etc. in 2012, when Yu Mourong arranged them to go to the Golden Kapok Casino in the Golden Triangle Special Economic Zone in Pocho Province, Laos, to buy handguns, bring them home and hold them, could be identified as the behavior of mafia style organizations. After examination, it is believed that the backbone members who come to Victoria to smuggle and buy guns, the backbone member Hua Mouping who illegally holds guns, and the organization member Tong Moucai who smuggles guns should all be considered as an underworld organization. There are two reasons: everything The above member's gun holding behavior is the behavior during the task assigned by the organization. Although the organizer and leader Yu Mourong and others confessed that they had no knowledge of the above behavior in advance, Yu Mourong and other organizers and leaders have always been tacitly supportive of members' buying and selling and holding guns. Yu Mourong hid a large number of guns in the Golden Triangle of Laos, and used them in the process of gathering people to fight and make trouble. Yu also knew that key members came to a certain dimension to collect and play with guns, and that the guns smuggled into the country by a certain dimension would come to play with themselves in the future, so he smuggled to a certain dimension Holding guns and using them for other crimes committed by the organization acquiesced. Second The guns involved in the case are used to organize criminal activities, which plays an important role in expanding the influence of the organization and establishing a strong position. The mentality of Yu Mourong and others acquiesced in the holding of guns by members of organizations such as the Uyghur League, which runs through the whole process of organization development, and encourages the members of the organization to be brave and ruthless; Hua Mouping, as a key member of Yu Mourong's underworld organization who committed violent crimes, held guns and was publicized by his subordinates, which played an important role in the organization's struggle for the sphere of influence, elimination of competitors, establishment of a strong position, etc., so that others dared not fight against Yu Mourong in civil engineering, municipal engineering, civil engineering and other engineering fields, and objectively improved the organization's deterrence Influence and control. For example, in 2014, with the help of Yu Mourong, Tong Moucai, Xu Moucai and others gathered to fight with others for the earthwork project, and used guns smuggled from abroad to cause injuries to others. Therefore, the smuggling and possession of firearms committed by members of the organization should be recognized as crimes committed by the organization.

（2） Carefully screen the members of the organization, and legally determine whether the members of the organization are separated from the underworld organization. The second focus of the prosecution and defense of the case is whether the defendants Xu and Tong are separated from the organization. During the trial, Yu Mourong, Dai Mousong, Wang Moucheng, Lai Mouwei and all the defenders argued that after Xu was arranged by Yu Mourong to return to China due to his misconduct in the management of Laos Golden Kapok Casino, the two parties had no relationship, and Xu's behavior had nothing to do with Yu Mourong later; As a subordinate of Xu, Tong Moucai is also not a member of the organization. After examination, it is believed that Xu and Tong, members of the organization, have not separated from the underworld organization. To break away from and withdraw from mafia like organizations, we should combine the subjective and objective aspects to determine whether there is a willingness and intention to break away from and withdraw from the organization; Objectively, whether they no longer participate in organizational activities, no longer keep in touch with organizational members, no longer accept organizational feeding, no longer obey organizational arrangements, dispatching, etc. In this case, Xu did not break away from Yu Mourong's gang in behavior after returning from Laos. Subjectively, neither Xu nor Yu Mourong thought that they had broken away from each other. After the case of cutting and injuring Chen Mouxiang in 2012, Yu Mourong arranged Xu Mou to manage the overseas gambling business for him in Laos, but Xu did not obey Yu Mourong's arrangement and returned from Laos without authorization. In 2014, he sought Yu Mourong's help for competing with others for earthwork, and gathered people to fight with others. Later, he was imprisoned for this matter. During this period, Yu Mourong took care of Xu and his family in many ways. Until the case, Xu worked for Yu as his "younger brother" and did not leave the organization. Tong Moucai, as Xu's "younger brother" during his stay in the Laos Golden Kapok Casino, was responsible for contacting the Casino's Public Relations Department to help gamblers cross the border illegally and exchange chips when taking customers to gamble. In 2014, when seizing earthworks, he gathered with Xu Moucai to fight with others, which played a certain role in promoting the development and growth of this underworld organization, Therefore, the existing evidence proves that Tong Moucai is not divorced from the organization in terms of subjective and objective behavior, and Xu Moucai and Tong Moucai are both members of the organization.

（3） The criminal policy of tempering justice with mercy should be implemented accurately. In the crime committed by Yumourong underworld organization, 14 units including a municipal garden company in Zhejiang Province and 48 individuals including Shen Mouliang participated in the collusion bidding with a municipal engineering limited company. These units and individuals in the municipal, landscaping, civil engineering and other engineering fields in Binjiang District, Hangzhou organized, collected or participated in 71 projects, ranging from 1 to 46 times, with the total amount of projects exceeding 6 billion yuan and illegal profits ranging from tens of thousands to millions of yuan, by buying companies and manipulating bid winning prices through unified bid arrangement and pricing. The procuratorial organ shall, with respect to these enterprises and individuals, everything Accurately implement the criminal policy of tempering justice with mercy, and classify the persons and units involved in the case. According to the review, the above enterprises are all private enterprises with independent legal personality in the field of engineering construction. They are not closely related to the underworld organizations led by Yu Mourong and others. They do not provide economic support for the development and growth of the organization, just because they are forced by the monopoly position of the organization in the field of civil engineering, or participate in bidding to earn bid fee and management fee Accompanying the bid or being coerced to participate in the bid, and not participating in other illegal and criminal activities of the organization, should not be identified as a member of a triad organization. At the same time, according to the role in the collusive bidding process, the persons and units involved in the case are divided into organizers, aggregators and participants. Organizers who use collusive bidding as the main means of profit making and profit making are strictly punished, and 17 bid organizers, including Shen Mouliang and a municipal garden company, are prosecuted according to law; Some aggregators and ordinary participants who passively participate in collusive bidding will be given a reprieve according to the circumstances of the crime, 30 individuals and 6 enterprises involved will be given a decision not to prosecute, and some of those who file a public prosecution will be given a reprieve for sentencing. Second Prepare and issue proposals for criminal compliance inspection, and urge the improvement of corporate governance. At the stage of review and prosecution, the procuratorial organ included the construction of internal compliance system of enterprises into consideration of pleading guilty, accepting punishment and sentencing, actively explored and guided six construction enterprises suspected of colluding in bidding but with minor criminal circumstances and pleading guilty and accepting punishment, carried out preliminary compliance system construction, and made a decision not to prosecute according to law on the basis of assessing their social harmfulness and the possibility of reoffending. After the announcement of the decision not to prosecute, in order to urge and guide the enterprises involved in the case to deepen their special compliance construction, the company made and issued a compliance inspection proposal to the above-mentioned enterprises, and entrusted a third party organization to investigate the compliance construction of the enterprises involved. The special compliance construction work of the enterprises achieved good results, and the above enterprises involved in the case operated normatively, and their economic benefits were steadily improved. In combination with the risk points of violation of laws and regulations in the bidding process of construction enterprises, the procuratorial organ, together with the Municipal Development and Reform Bureau, the Public Security Bureau, the Housing and Urban Rural Development Bureau, the Administrative Service Center Management Committee and other departments, jointly issued the Guidelines for Bidding Compliance of Construction Enterprises to guide construction enterprises to strengthen bidding compliance management, promote the governance of industry litigation sources, and promote the sustainable and healthy development of private enterprises.

Typical significance

（1） Punish underworld organizations in the field of project construction according to law. The black and evil forces illegally control, monopolize earthwork, civil engineering, municipal greening and other projects in the field of engineering construction, and derive various illegal and criminal acts such as bid rigging, illegal subcontracting, bribery, which undermine the fair market competition environment and seriously affect the healthy development of the national economy. Relying on economic entities such as companies, actors form criminal gangs with large numbers, fixed members, clear hierarchy and tight structure linked by economic interests and engineering projects, use violence as the backing to crowd out and attack competitors, and carry out illegal and criminal activities such as forced trading, extortion, collusion in bidding, provocation, illegal detention, and gathering people to disrupt social order, Those who grab huge economic benefits, interfere with the normal production and life of the people, cause psychological coercion and deterrence to the people, form illegal control or significant influence, and seriously undermine the order of the local economy and social life can be identified as mafia organizations according to law.

（2） Fully and accurately implement the criminal policy of tempering justice with mercy and properly handle enterprise related cases. Those involved enterprises who are coerced to participate in the bid solicitation, or other enterprise personnel who participate in bidding and accompanying bidding to earn bid solicitation fees and management fees due to the monopoly position and significant influence of mafia like organizations, and who do not participate in other illegal and criminal activities of the organization, should not be identified as members of mafia like organizations. Such enterprises and personnel shall be accurately and prudently handled according to their role in the collusive bidding process, and shall not be prosecuted, prosecuted or lenient according to law.

Case 2: Zeng Mouxiong and others organized, led and participated in underworld organizations

Keywords

Criminal incidental civil public interest litigation of members of family style mafia organizations

Basic Case

The defendant and the defendant in the civil public interest litigation collateral to criminal proceedings Zeng XX Xiong, male, 56 years old, is the legal representative of an industrial limited company in Wuhua County, Guangdong Province, a construction limited company in Wuhua County, a concrete limited company in Wuhua County and other remote companies. He was sentenced to one year in prison and suspended for one year and six months for intentional injury.

The basic information of the defendants Zeng A (Zeng's second son), Zeng B (Zeng's eldest son), Li Moudong (Zeng's nephew) and other 25 defendants is omitted.

In the 1990s, Zeng and his family members began to set foot in the construction industry in Wuhua County, Meizhou City, Guangdong Province, and participated in some local engineering projects. In 2003, in order to compete for the project of Shuizhai Industrial Park in Wuhua County (a provincial-level industrial transfer park with a total planning area of 20 square kilometers and nearly 100 landing enterprises), Zeng beat the project owner Liao Mouguo, causing minor injuries, and forced him to abandon the project. Zeng was sentenced for this, but during the probation period, he continued to commit crimes in order to control the industrial park project. In 2005, in order to promote the project construction of the Industrial Park, Zeng gathered Zeng B and others to beat up Zhou Moumao, Zeng Jiahui and other villagers who were defending their land rights with weapons, resulting in Zeng Jiahui's serious injury and several injuries. In this case, Zeng Xiaoxiong was not dealt with, and Zhou Maofang was investigated for criminal responsibility for extortion due to other cases, which caused a bad social impact in the local area. Since then, Zeng's criminal gang has gained a strong position in the industrial park and its surrounding areas and established illegal authority. With Zeng as the organizer and leader, and Zeng B, Zeng's nephew Li Moudong, Bao Jiaming, Bao Yiming and others as participants, the triad like organization has initially taken shape. Since then, the organization has continued to use its illegal influence to seek profits from projects in the industrial park, and has continued to grow. Zeng A, the second son of Zeng, was sentenced for the crime of robbery. After he was released from prison in February 2010, he assisted Zeng in managing the project. Relying on his father Zeng's investment and the illegal influence formed in the early stage, he successively set up a large hotel company in Wuhua County (a bar with an external business name) and other enterprises. With the bar as the gathering place, he gathered 18 people including Zeng and Li who had criminal records The social idle people who take drugs with bad deeds have carried out many illegal and criminal activities.

During this period, Zeng has successively set up 18 remote trust companies, including an industrial limited company in Wuhua County and a construction limited company in Wuhua County, in order to grab more economic benefits, all of which have their family members as legal representatives or responsible persons. Most of the members of the organization work as internal security personnel in a bar or in other companies of the Far Faith Department, and accept the leadership and management of the organization. The organization used its illegal influence and violent threat to contract factory building, earthwork, concrete, blasting and other projects in the industrial park to make huge profits, and used the economic benefits obtained to organize members' welfare, entertainment, purchase of crime tools, etc. to maintain the survival and development of the organization. After the incident, the public security organ froze and detained about 19 million yuan of bank funds, insurance and financial products involved in the case according to law, restricted transactions of 116 immovable properties, 166 vehicles, heavy engineering vehicles, etc. according to law, and withheld about 179 million yuan of outstanding project funds.

The organization has oppressed and maimed people through violence, threats and other means for a long time, and organized 19 criminal acts and a large number of illegal activities, such as affray, provocation, intentional injury, forced trading, resulting in serious consequences of 2 people being seriously injured, 11 people being slightly injured and many people being injured; During the construction of several engineering projects, relying on violence, several members were organized to build momentum at the construction site and forced construction.

Through the implementation of the above series of illegal and criminal activities, the organization has gained a strong position and established an illegal prestige in the surrounding areas of the industrial park, illegally controlled most of the factory building, earthwork, concrete, blasting and other projects in the industrial park, so that others who do the above work in the industrial park need to be approved by the organization or greet the organization; It has formed a psychological deterrent to the masses in the industrial park and surrounding areas, which has caused many victims of illegal and criminal activities and the relevant masses to dare not report and accuse, and has formed illegal control over local engineering construction, which has a significant impact on the local economic order and social life order. For example, in 2012, after the victims Li Mouxi and Li Jiaming obtained the project of laying gas pipelines in the industrial park, they were afraid of the influence of Zeng Mouxiong and others, and they went to visit Zeng Mouxiong and asked for permission before they dared to start the construction. However, they were forced by Zeng A just after the construction, and had to give up the project to Zeng A. If the company in the industrial park wants to use the concrete supplied by other companies, it must first greet the remote company and obtain Zeng's consent before entering the site, otherwise it will be intimidated and disturbed.

During the existence of the underworld organization, in order to expand the industry and seek more benefits, Zeng and Zeng gradually developed and constructed the agricultural land involved by digging, burying the forest land, hardening the concrete bottom, building and other means without obtaining the approval procedures for legal land use, which caused the destruction of the original farming layer and mountain drainage system of the agricultural land involved, The original planting conditions and ecosystem were severely damaged.

The case was investigated and concluded by Meizhou Public Security Bureau and Wuhua County Public Security Bureau, and was transferred to Pingyuan County People's Procuratorate for examination and prosecution after Meizhou People's Procuratorate designated jurisdiction. The People's Procuratorate of Pingyuan County filed a public prosecution with the People's Court of Pingyuan County on January 30, 2022, and filed an incidental civil public interest lawsuit against the criminal defendants who illegally occupied agricultural land. On October 27 of the same year, the People's Court of Pingyuan County made a judgment of first instance on the case, sentenced the organizer and leader Zeng Mouxiong and Zeng Jia to 25 years' imprisonment, deprived of political rights for five years, and sentenced them to confiscation of all their personal property for crimes such as organizing, leading, and participating in underworld organizations; The remaining defendants were sentenced to 16 years, 8 months to three years of fixed-term imprisonment and corresponding property punishment respectively; It was judged that Zeng Yixiong and Zeng Yixiong should compensate more than 12 million yuan for the cost of ecological environment restoration and the loss of ecosystem service functions, bear the cost of identification and evaluation, and publicly apologize. After the judgment of the first instance was pronounced, some defendants such as Zeng and Zeng filed an appeal. On April 23, 2023, Meizhou Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

[Accusing and proving crimes]

（1） Recognize the clan type underworld organization according to law. One of the focuses of the dispute in this case is whether Zeng, Zeng A and Zeng B are included in the same underworld organization. The father and son separated in their early years. Due to Zeng's bigamy and other reasons, the father and son had estrangement; The companies involved in the organization are formally independent from each other, and are operated by three people respectively. The business scope of the company under the name of three people is different, and each company has an independent financial system. Through examination and analysis of its internal links, the procuratorial organ believes that it should be included in the same organization for the following reasons:

everything They have common family interests. The three men jointly safeguard the family interests based on the father son relationship. As the core of the family, Zeng used his social influence and economic strength to provide strong support for Zeng A and Zeng B, and the three worked together to strengthen the family's power. For example, in the case of Jincun Village, the landmark event member in the organization, Zeng gathered his sons Zeng Yi, nephew Li Moudong, Bao Yiming, etc. to fight with each other with weapons in order to promote the earthwork, thus Zeng and his family members established a strong position in the industrial park. Since then, many of Zeng's sons Zeng Yi, Zeng Jia, and nephews Li Moudong and Li Yiming have taken part in the management of Yuanxin companies set up by Zeng to grab more economic interests. His nephews Bao Yiming also used the illegal influence of a certain company to conduct business, reflecting that their internal relationship is to maintain common interests through family blood relationship. In the illegal and criminal activities carried out by Zeng A, Zeng B and other organization members for the interests of the organization or interfering in other people's disputes, Zeng Mouxiong came forward to help solve the problems, provide financial support and coordinate relations, and help Zeng A and other organization members escape punishment.

Second They have common organizational and economic interests. The survival and development of the companies under Zeng A and Zeng B mainly rely on the illegal influence of Zeng and his organization. On the one hand, the registered capital of the companies under Zeng A and Zeng B comes from Zeng; On the other hand, although the companies under the three names have different business scopes, they are closely connected. Zeng Mouxiong contracted projects through his social relations and social influence to monopolize civil explosives, thus successfully monopolizing the earth and stone works in the industrial park. The companies under Zeng A and Zeng B also naturally contracted related factory building and concrete supply business, and the three companies achieved common benefits. For example, in 2017, the construction of Guanhua City in Wuhua County was blocked by the original construction company, so the owner could only find Zeng, who successfully took over the project. Later, Zeng, Zeng A and Zeng B were responsible for the main works, stations, and concrete, and father and son shared profits under the protection of organizational power.

Third There is common support for violence. A bar of Zeng A keeps a batch of internal security guards, which are led and managed by Zeng A. In addition to carrying out illegal and criminal activities for the interests of Zeng A's companies, they also provide violent support for Zeng and Zeng B's companies to force projects and remove obstacles to smooth construction. For example, Zeng Xuxiong Company contracted the resettlement area project of Huangshi New Village in Shuizhai Town. In order to prevent people from defending their rights and causing trouble, Zeng Jia arranged internal security personnel Zeng Xunyuan and others to come to the station to build momentum and ensure the smooth progress of the project. In 2015, a blasting company controlled by Zeng met with villagers' obstruction during the construction of Phase II of Country Garden. Zeng B and Zeng A gathered several people to discuss in a bar after learning the news, and the next day gathered hundreds of people to the construction site to beat the victims, such as Li Moufang, and others. They smashed the door of Li Moufang's house with hammer and other tools, and then rushed into the house to destroy the doors and windows wantonly, causing one person slightly injured and two slightly injured.

（2） Strictly screen and legally determine whether the employees of the company involved are members of the organization. The second focus of the dispute in this case is whether the employees of the company involved can be identified as members of mafia organizations. Many of the people involved in the case were employed in the Far Trust Company, and received low salaries. The company's management of these people was relatively loose. Some of these people did not know each other, and some did not even know the organizers and leaders such as Zeng Xuxiong and Zeng Jia. They only more or less participated in the illegal and criminal activities of underworld organizations, There is a dispute whether it is recognized as a member of a triad organization. The procuratorial organ conducts comprehensive analysis and differentiated treatment according to the subjective understanding, status, role and objective behavior of the persons involved.

everything Those who subjectively know that the organization takes the implementation of illegal and criminal activities as an important content, and have participated in the organization of illegal and criminal activities for many times, and the circumstances are serious, shall be recognized as members of the organization according to law. For example, the defendant in this case, Mr. Li, believes that it is normal business practice for him to assist Zeng A in managing a bar, and he is not a member of a mafia organization. However, the evidence on record confirmed that a bar was the gathering place of the underworld organization, and also the place where the internal security personnel of the organization paid salaries, entertained and provided tools for committing crimes. As one of the bar managers, Mr. Li was very clear about the main activities of a bar staff, and also played a major role in managing staff; Knowing that Zeng Jia has organized and carried out illegal and criminal activities for many times, he still follows Zeng Jia to participate in illegal and criminal activities unrelated to the normal business activities of the bar. He also knows that the organization will come out to tell the truth, so he believes that he is a member of the underworld organization. The defendants Zeng Mouyuan, Zeng Yihui, Li Mouyang, etc., as staff members of a certain department of the company, although they received low salaries, they have been in the company for a long time, and have repeatedly participated in serious organized illegal and criminal activities such as intentional injury, provocation, and obstruction of official duties. They should be identified as members of a triad organization.

Second Those who participate in the organization with few behaviors and minor circumstances shall not be identified as members of the organization. For example, Li Yiming, an employee of the company, is a nephew of Zeng, but he is only one of the prominent shareholders of an industrial limited company and a labor limited company. He only participated in the fight case in Yuanjin Village in 2005, and has not participated in other illegal and criminal activities of the organization since then, so he is not recognized as a member of a triad organization. The bar security guards Dai Mouqiang, Dai Mou and others, although under the management of the defendant Li Mou, only participated in some minor station activities, received normal wages, and did not intend to join the triad nature organization. They were identified as individual accomplices or participants, not as members of the triad nature organization.

（3） Comprehensively remedy damages and accurately file incidental civil public interest litigation according to law. In this case, Zeng Yixiong and Zeng Yixiong illegally occupied the plot of Jiming Mountain, Yuanjin Village, Shuizhai Town, Wuhua County, and damaged more than 340000 square meters of the total area of the plot, and more than 320000 square meters of agricultural land. The extent of the damage is of the type of severe damage. They were prosecuted for the crime of illegal occupation of agricultural land and proposed to be fined. At the same time, in view of the situation that the damaged ecological environment has not been repaired, the procuratorial organ filed a criminal incidental civil public interest lawsuit in accordance with the Civil Procedure Law of the People's Republic of China. The procuratorial organ sued for compensation of 9.7745 million yuan for the cost of ecological environment restoration, 1.5054 million yuan for the loss of ecosystem service functions by the end of May 2022, and from June 1, 2022, with an annual increase of 759600 yuan as the standard, compensation for the loss of ecosystem service functions until the ecological environment restoration cost is paid in place, which will be caused by the defendant's illegal acts, The duration of litigation procedures, such as litigation, judgment and execution, which must be experienced before starting ecological restoration work, shall be included in the calculation of ecosystem service function loss. All the above claims were accepted and supported by the court.

Typical significance

（1） Identify the clan style underworld organization based on four characteristics. The identification of family style underworld organizations should not only look at the common interests formed by family members based on blood relationship, but also focus on the four characteristics of underworld organization crime, comprehensively analyze the relationship between family members, the division of labor, contact, cooperation and support among family members, and then determine whether they belong to the same underworld organization. Family members are linked by blood and family relations, and have clear organizers and leaders. Violence and economic interests are intertwined and blended, forming an integrated organizational influence, which should be identified as the same mafia organization.

（2） Differentiate and deal with the personnel working in the company established by the Mafia related organization according to law. Personnel working in companies run by triad organizers and leaders should be comprehensively analyzed and treated differently based on their subjective understanding, status, role and objective behavior. Personnel working in the company established by the organization, who have some knowledge of the organization's notoriety, illegal and criminal activities and regulations, and who have participated in major illegal and criminal activities unrelated to their own work for many times, can be identified as members of a triad organization; Those who obtain remuneration mainly by providing normal labor services, investment and other means, and participate in less illegal and criminal activities or the circumstances are minor, should not be identified as members of mafia organizations.

Case 3: Zhou Jia and others organized, led and participated in underworld organizations

Keywords

The members of mafia like organizations are forced to deal in a particularly serious way. Source of complaint management

Basic Case

The defendant, Zhou Jia, male, 38 years old, is a shareholder of an environmental logistics limited company in Changsha, Hunan, and the legal representative and shareholder of a sand and gravel transportation limited company in Changsha. He was sentenced to eight years' imprisonment for committing robbery, and was given administrative punishment for beating and threatening others.

The defendant Zhou Yi, male, 35 years old, a shareholder of a sand and gravel transportation company in Changsha, was sentenced to three years' imprisonment for the crime of affray, and was given administrative punishment for threatening and intimidating others.

The basic information of the other 21 defendants is omitted.

From 2013 to 2018, Zhou Jia and Zhou Yi brothers, with their family relationship as the link, used economic interests to attract some social idle people and individual public officials, and used violence or threat of violence to suppress industrial competitors, obstruct the law enforcement of administrative organs, and force the construction of earthworks in the Yanghu area of Yuelu District (now Xiangjiang New Area), Changsha City, Hunan Province, In addition, 21 illegal and criminal activities, such as intentional injury, affray, forced trading, extortion, etc., were carried out in an organized manner, gradually forming a triad organization with Zhou Jia and Zhou B as organizers and leaders, Li Moujie, Mo Mou, etc. as backbone members, Liu Mouyu, Yang Moumin, etc. as active participants, and Liu Mouwen, Liu Mouchang, etc. as general participants.

In order to gain momentum and dominate the country, the organization is used to "protect businesses with black trade" and "support black trade with business". In August 2015 and October 2018, Zhou Jia successively established an environmental logistics transportation limited company in Changsha and a sand and gravel transportation limited company in Changsha to manage the members of the organization in the form of a company, transforming the members of relevant organizations into shareholders, senior executives or arranging them to work in the company, and controlling the members of the organization, distributing dividends and paying remuneration according to the company's rules and regulations, They also "accept the wind and wash away the dust" and "offer red envelopes of condolences" to the organization members who have been attacked and dealt with, and have formed the practice of obeying the command, being on call, reporting when something happens, and the organization "settling down" when something happens. In order to control the earthwork business of local commercial projects, the organization, under the guise of environmental logistics, muck transportation and other companies, committed crimes to grab "black money", and the amount involved in forced transactions and extortion crimes alone was up to more than 30 million yuan, and the illegal income was more than 5.9 million yuan; After the incident, 11 vehicles involved in the case were detained, 26 houses were sealed, 46 bank accounts were frozen, the total amount of accounts was more than 17.5 million yuan, and the value of frozen equity was 11.5 million yuan.

In order to avoid attack and survive for a long time, the organization mainly forms psychological coercion and deterrence to victims through "soft violence" behaviors such as gathering people to create momentum, threatening words, blocking doors and blocking work, etc., by means of "negotiation", "negotiation", "mediation", etc., forcing others to withdraw from contracted projects, and forcibly taking shares in contracted projects, Or deliberately delay the construction period and refuse to leave the site after contracting the project, and deliberately create "deadlock" to force the project party to continue the subsequent project to be contracted by it. During the period from 2013 to 2018, there were 17 construction projects or projects under construction on the transferred plots of Yanghu Ecological New Town, 9 of which Zhou Jia, Zhou Yi and others participated in the earthworks of commercial projects, accounting for 53% of the total number of Yanghu New Town projects. Among them, 6 used violence, threats and other means to solicit income, 3 used the organization's "prestige" to contract income, and another 2 commercial projects were blocked The act of obstructing construction, intending to force the earthworks of the project, forcing the other party to pay the "demobilization fee", extorting others' property, caused that the earthworks of local commercial projects could not be successfully implemented without the consent or participation of Zhou A and Zhou B, and other units and individuals did not dare to come to Yanghu Street to contract earthworks. On this basis, in order to further control the access, exit and operation of local earthworks, the organization "uses both hard and soft means", or by offering bribes, gifts, dividends and other means to attract the staff of grass-roots mass self-government organizations, or beating the staff of the industry's competent departments to obstruct law enforcement, so that the legitimate interests of the masses and legitimate enterprises are infringed, and they dare not report through legitimate channels The accusation has seriously disrupted and damaged the working order of state organs, industry management departments and grass-roots mass autonomous organizations, as well as the order of local economic and social life.

This series of cases were filed and investigated by the branch directly under Changsha Public Security Bureau on September 4, 2018. On July 2, 2019, Changsha Public Security Bureau designated the case to Ningxiang Public Security Bureau. On September 23 of the same year, the Ningxiang Municipal Public Security Bureau transferred Zhou A, Zhou B and others to the Ningxiang Municipal People's Procuratorate for investigation and prosecution for the crimes of organizing, leading, participating in underworld organizations, forced transactions, extortion and other crimes. The Ningxiang People's Procuratorate filed a public prosecution with the Ningxiang People's Court on June 5, 2020. On September 7 of the same year, the Ningxiang People's Court made a judgment of first instance, sentenced Zhou A and Zhou B to 21 and 17 years of fixed-term imprisonment, deprived of political rights for five years, and sentenced them to confiscation of all their personal property for crimes such as organizing and leading mafia like organizations, affray, forced trading, extortion, and bribery of non-state workers; Other members were sentenced to fixed-term imprisonment ranging from 12 years to 11 months and were also fined. After the judgment, some defendants appealed. On November 23 of the same year, the Changsha Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

[Accusing and proving crimes]

（1） Adhere to the principle of "no leakage, no collection", and strictly distinguish whether the person involved is a business partner or a member of a mafia related criminal organization. In the process of the development and expansion of black organizations in the engineering construction field and the use of the organization's "prestige" to commit crimes, they often set up corporate legal persons with a legitimate business appearance. Organizers, leaders or other organization members often cooperate with other units and individuals to carry out economic activities such as contracting operations, contracting projects in partnership, and economic exchanges are complex. Whether other units or individuals should be identified as members of underworld organizations is one of the focuses of controversy in this case. In the process of handling the case, the procuratorial organ adhered to the principle of subjective and objective unity, analyzed the subjective will, degree of obedience, number of participation, division of duties, profit and other factors of the persons involved one by one, and focused on reviewing: everything Whether the person involved knows it subjectively. According to the specific relationship, time of contact, degree of cooperation, etc. between the person involved and the organizer, leader or other members of the organization involved in the crime, whether the person involved knows or should know that the other party is an organization whose basic activity is to commit crimes. Second Whether the persons involved have participated in the criminal activities of mafia organizations. Relying on organized illegal and criminal activities to achieve illegal control and significant impact on economic and social life, and to achieve the purpose of seizing illegal interests, is the essential feature that distinguishes underworld organizations from other criminal organizations. Whether the persons involved in the case have participated in organized illegal and criminal activities for a long time and many times is an important sign of the relationship with the mafia. Third Whether there is a relatively fixed subordinate relationship between the persons involved in the case and the mafia related organizations. Focus on whether the personnel involved in the case maintain a stable hierarchical management relationship with the organizer, leader Zhou Jia and leader Zhou B, and are subject to the management and discipline of the organization. In this case, seven people, including Yu Moujia, Zhao Moude, Zhou Bing and Liu Mou, jointly contracted engineering projects with Zhou A and Zhou B in the form of partnership or capital contribution, and distributed profits in accordance with the agreed proportion of capital contribution. The investigation organ determined that these seven people were members of underworld organizations. According to the review by the procuratorial organ according to law, Yu Moujia, Zhao Moude and other five people are natives of Yanghu Street. Knowing that the company established by Zhou A, Zhou B and others is an organization whose basic activity is to commit crimes, has formed illegal authority in the field of local earthworks, and in order to take advantage of illegal interests, they attach themselves to the organization and contract projects in partnership; Follow the command and arrangement of Zhou A and Zhou B, conspire to force transactions, extortion and other criminal activities, and directly participate in crimes according to the prior division of labor, lasting for up to two years; In the process of committing crimes and dividing up illegal gains, they are actually in the position of being led, managed and commanded, and should be recognized as members of underworld organizations. Zhou Bing, Liu Mou and other two people know subjectively that Zhou Jia, Zhou B and others are organizations whose basic activity is to commit crimes, but they have little contact with Zhou A, Zhou B and others outside the project contracting matters, and they are not deeply involved in the operation and management of related engineering construction projects. The relevant organization members who serve in the company involved do not listen to their arrangement and deployment, The profit amount is basically consistent with the normal investment profit of the industry, and the crime involved is not a crime led by Zhou Jia, Zhou B and others. There is no reliable and sufficient evidence to prove that the two people are bound by the disciplinary provisions of the organization. At the same time, Zhou Bing undertakes earthwork projects in other places, has his own independent construction team, and has a competitive relationship with Zhou A and Zhou B. To sum up the above, the procuratorial organ did not identify Zhou Bing and Liu as members of the underworld organization according to law, but only prosecuted them for their suspected crimes of forced transactions and bribery of non state personnel. The people's court adopted the above accusation opinion of the procuratorial organ.

（2） According to the law, forced transactions are deemed to be "particularly serious" and should be punished as a crime. In order to maintain its operation and feed its members, mafia related organizations in the field of engineering construction need to constantly undertake engineering construction projects to grab a steady stream of illegal economic benefits and achieve the goal of "supporting mafia with commerce". Once the project cannot be contracted through normal market competition, it is often necessary to use violence, threats and other means to force the project. According to the filing standard of the crime of forced transaction in Article 226 of the Criminal Law, the case of forced transaction for more than three times or for more than three persons, the amount of forced transaction for more than 10000 yuan or the amount of illegal gains for more than 2000 yuan is one of the "serious circumstances" of forced transaction. In this case, the organization carried out six forced transactions between 2013 and 2018, involving more than 30 million yuan, which has reached the standard of "serious circumstances" of forced transactions, but whether it is "particularly serious circumstances" is questionable. The existing judicial interpretation has not yet clarified the specific situation of the "particularly serious circumstances" of the forced trading behavior, and there are different understandings of this in the judicial handling of cases. The procuratorial organ, after examination, believes that whether the forced transaction belongs to the situation of "particularly serious circumstances", should make an overall evaluation based on the number of forced transactions, the amount involved, the amount of illegal income, the means of committing the crime, the duration, especially the degree of damage to the market order, and the principle of appropriate punishment for crimes. In handling the case, the key review is: everything The number and amount of forced transactions. The number and amount of forced transactions is an element that can directly evaluate the severity of their behavior. For example, some provinces, based on practical summary, have defined more than 10 times the amount standard of "serious circumstances" or more than 10 times of forced transactions as one of the "particularly serious circumstances". Second Extent of criminal means. Focus on whether violence is directly used in the process of forced transactions, whether it causes injuries to others, whether it is organized to be carried out by more than one person, and whether long-term violence and threats are committed to others. Third Extent of disrupting market order. As a crime of disrupting the market order, whether the crime of forced trading controls the local industry market or has a significant impact on the market atmosphere is an important aspect to measure the social harmfulness of this behavior. After examination, in this case, the amount of forced transactions and illegal gains of the triad organization exceeded the "serious circumstances" standard by more than 1000 times; In the earthworks of related projects, dozens of local villagers were incited to stop work and make troubles on the site by issuing "demobilization fees", which lasted for more than a month before and after blocking the door, resulting in serious delay in the progress of the project, extremely bad nature and great social impact; The time span of the six forced transaction crimes is as long as five years, and the scope involves most commercial projects in Yanghu Street, resulting in the illegal control situation that local earthworks cannot be successfully implemented without the consent or participation of the organization, and other units or individuals dare not undertake. The case involving a large amount of money, a long duration, a wide range of involvement, and a bad social impact should be identified as "particularly serious circumstances". The people's court adopted the accusation opinion of the procuratorial organ about "the circumstances are particularly serious".

（3） Actively perform duties in accordance with the law, and do a deep and effective governance of the source of litigation. In view of the situation that the black and evil forces illegally eliminate and restrict competition and interfere with the normal production and operation activities of market subjects in the engineering construction field of Yanghu Street, the procuratorial organ issued procuratorial proposals to the relevant units according to law on further optimizing the local business environment, urged the joint development of special investigation and rectification, timely transferred the clues of illegal crimes, and carried out targeted "case by case" Warning education activities to clarify the social harmfulness and criminal illegality of the project by blocking the door to stop the work, inciting trouble and other means, and improve the legal awareness of the business subjects and the people in the jurisdiction. At the same time, the procuratorial organ and other organs carried out joint construction and governance, and jointly issued Several Opinions on Strengthening the Connection between Administrative Law Enforcement and Criminal Justice to Promote the Healthy Development of Engineering Construction in accordance with the Law (hereinafter referred to as the Opinions) with the six departments of public security, human resources and social security, housing construction, and civil affairs, to clearly define the scope of responsibilities, establish a mechanism of responsibility review, and determine the punishment measures according to the target, Seven kinds of behaviors, such as illegal and criminal enterprises and individuals being investigated for administrative and criminal responsibility according to law, being included in the bad record files, and public officials acting as "protective umbrellas", are all transferred to the discipline inspection and supervision authorities for handling or investigated for criminal responsibility according to law. The Opinions particularly emphasized the application of administrative punishment and criminal punishment to jointly combat crimes in the field of engineering construction, summarized six situations in which procuratorial organs should formulate and issue procuratorial suggestions and urge the implementation, urged functional departments to fulfill their responsibilities, and rectified the industry disorder from the source.

Typical significance

（1） Distinguish units or personnel who have cooperative relations with the mafia. For those who have economic relations with the organizers, leaders or key members of mafia organizations, such as investment in shares, project cooperation, project contracting, etc., whether they are identified as members of mafia organizations, attention should be paid to examining whether the actors subjectively know that the company is an organization whose basic activity is to commit crimes, and objectively whether they participate in criminal activities of mafia organizations Whether there is a relatively fixed subordination relationship with the mafia related organizations. Those who know the "prestige" of the organization and seek to join, accept the leadership and management of the organization, form a dependency relationship, and participate in the organization of illegal and criminal activities for a long time and many times can be identified as members of a triad organization. The project partners who know that the organization's basic activity content is to commit crimes, but have no intention to join the organization, only sign or normally perform commercial contracts as contacts, and basically do not participate in or only participate in a small amount of illegal activities, should not be identified as members of the triad nature organization, and constitute other crimes, should be treated as specific crimes.

（2） We will work together to promote the improvement of the long-term mechanism of anti mafia. The procuratorial organ should adhere to promoting governance through cases, deeply analyze the causes, laws and loopholes in social governance of the growth of evil forces, study countermeasures and suggestions, and actively participate in the source of litigation governance together with the competent department by making and issuing procuratorial suggestions, building linkage mechanisms, purifying the industry ecology, and building a long-term mechanism to prevent the growth of evil forces.

Case 4: Li Moumei and other criminal groups of evil forces deliberately destroy property and provoke trouble

Keywords

Members of the demolition organization of a criminal group of evil forces commit crimes

Basic Case

The defendant, Li Moumei, female, 43 years old, is the actual controller of a road engineering company in Shandong. He was sentenced to prison four times for theft, kidnapping, drug trafficking, casino opening and other crimes.

The defendant Sun, 35, is unemployed.

The defendant, Li Moupeng, 31, is unemployed.

The basic information of the other 10 persons involved is omitted.

After the defendant Li Moumei was released from prison in April 2016, through the relationship of Cui Mouyong, the former deputy director of Xuegong Sub district Office in Linzi District, Zibo City (handled separately), he began to undertake demolition and other projects within the jurisdiction of Xuegong Sub district Office. Taking advantage of his reputation of being attacked and dealt with many times, he rallied and solicited the released persons and social idle persons who had served their sentences. In more than two years, he committed six criminal acts of intentional destruction of property, five provocations, one illegal invasion of housing, which caused relatively bad social impact. The defendant Li Moumei was the first person, and the defendant Sun Mou Li Moupeng and others actively participated in the "forced dismantling" of criminal groups of evil forces.

The members of the criminal group have a clear division of labor. Li Moumei is the commander in chief, and Sun and Li Moupeng are directly under the orders of Li Moumei. In addition, there are also "internal personnel" who specifically carry out door breaking and forced demolition and "external personnel" who make the station strong. After receiving the notice from Cui Mouyong, the defendant Li Moumei will convene the key members of the group to "hold a meeting" to discuss the demolition plan, and force the relocated households to yield by means of multiple door-to-door harassment, black "tattoo" negotiations, telephone harassment, threats, etc. For the relocated households who have not reached an agreement, after gathering many people to control them, the purpose of demolition can be achieved by means of door breaking, forced removal, forced removal, beating, etc. In order to force the victim Qin to agree to the demolition, Li Moumei arranged others to throw more than a dozen snakes into the victim's house, drive to track and deliberately create a traffic accident to stop the victim. When the victim stopped the demolition, he was forcibly dragged out of the house and beaten to cause minor injuries. In order to win over key members, Li Moumei also committed crimes such as allowing others to take drugs, obstructing testimony, committing crimes, oppressing people, disrupting economic and social order, and causing bad social impact.

This case was investigated and concluded by Linzi Branch of Zibo Public Security Bureau in Shandong Province. The defendant Li Moumei and others were transferred for review on March 18, 2019 for the crime of organizing and leading a triad like organization, intentionally destroying property, causing trouble, obstructing testimony, and allowing others to take drugs. On October 8, 2019, the People's Procuratorate of Linzi District, Zibo City brought a public prosecution to the People's Court of Linzi District against the defendant Li Moumei, who committed the crime of intentional destruction of property, illegal intrusion into housing, provocation and trouble making, and harbouring others to take drugs, which constituted a criminal group of evil forces. On December 30 of the same year, the People's Court of Linzi District made a judgment of first instance, finding that Li Moumei and others constituted a criminal group of evil forces, and sentenced Li Moumei to imprisonment for seven years and six months and a fine of 10000 yuan for crimes such as intentional destruction of property, illegal intrusion into housing, provocation and trouble making, and allowing others to take drugs; The remaining defendants shall be sentenced to fixed-term imprisonment ranging from five years, six months to two years, and shall also be sentenced to corresponding property penalties. After the sentence was pronounced, the defendant Li Moumei appealed. On February 26, 2020, Zibo Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

[Accusing and proving crimes]

（1） Involve in investigation, guide and collect evidence, and accurately grasp the evidence requirements of mafia related organizations. Because the case involves the field of "demolition", has great social impact, high public concern and is suspected of involvement in the triad, the People's Procuratorate of Linzi District sent a case handling team to intervene in advance, closely centering on the identification criteria of "four characteristics" of triad organizations, put forward targeted guidance and evidence collection opinions, and build an evidence centered accusation system with investigation and prosecution force. Key review: everything Whether the stability and rigor of the organization meet the identification criteria for the organizational characteristics of underworld like organizations. After examination, Li Moumei's criminal organization structure is relatively loose, and there is no strict management system. Except for the relatively fixed backbone members, most of the members of the organization are social gangsters and ruffians. When committing crimes, Li Moumei usually holds temporary meetings to assign tasks, summon backbone personnel to participate in the temporary rally, and some of the participants are temporarily employed, It has not formed the relationship between feeding and being fed, management and being managed with Li Moumei. At the same time, the organization has not yet formed strict organizational discipline, nor has it established conventions and gang rules. For example, in the process of group crime, backbone members are allowed to decide whether to participate or not according to their own time; Some key members (such as Chang) often carry out illegal and criminal activities by themselves or by gathering other people. Second Whether the economic benefits obtained by Li Moumei and others through crimes are used to feed the members of the organization. The evidence shows that the criminal group is mainly distributed in the way of "sharing the spoils", and it is mainly used for personal living expenses, less for maintaining the survival and development of the organization. Third Whether the violence reaches the level of control and deterrence. Li Moumei and others mainly used "soft violence" means such as cutting off water and electricity, smashing corridor glass, and creating noise nuisance. Only two cases showed violence and caused slight injuries to two people. At the same time, most of the objects violated in this case are a small number of relocated households within the scope of demolition, which are relatively specific. The three crimes of provocation, intentional destruction of property, and illegal intrusion into other people's homes organized and implemented by the organization are criminal acts with different degrees according to different circumstances such as the identity of the object of demolition. Fourth Whether illegal control or significant influence is formed in a certain region or industry. The crimes committed by Li Moumei's criminal organization are concentrated in a small number of government projects and belong to a specific demolition area. Their illegal and criminal activities do not involve other fields other than the contracted projects. The main violations are the demolition households who do not recognize the government's demolition policies and refuse to relocate in the government demolition projects, and do not affect the normal life of other people except the demolition households, Although it has disturbed the economic and social life order to a certain extent, it has not formed illegal control or caused significant impact on certain regions or industries. To sum up, the procuratorial organ believes that the organization has a large number of members, obvious leaders, and relatively fixed key members. In order to obtain illegal interests, the organization often gathers together to carry out illegal and criminal activities such as deliberately destroying property for many times, which has reached the identification standard of "evil forces do evil and oppress people" and has the characteristics of a criminal group, However, if it fails to meet the criteria for identifying crimes committed by underworld organizations, it should be identified as a criminal group of evil forces.

（2） Accurately identify the criminal facts of criminal groups of evil forces, and do not abandon them. The second focus of the case is whether all the engineering related acts committed by Li Moumei's evil force criminal group should be recognized as criminal acts. Of the 37 demolition related criminal facts transferred by the public security organ to prosecute the criminal group in this case, 14 cases of trench digging and trench digging were identified as provocative and troublemaking criminal acts. After examination, the procuratorial organ believes that the existing evidence can prove that part of the earthwork, garbage removal and demolition works that the criminal group participated in were implemented after it signed a project undertaking agreement with the government, and the relocated personnel signed a compensation agreement with the government. The above-mentioned demolition and construction activities cannot all be recognized as criminal acts. Main considerations : Although this behavior objectively caused the travel inconvenience of the victim and forced him to agree to the demolition, the testimony of the person in charge and the operator of the relevant project, as well as the confession of Li Moumei and others, confirmed that the group members' digging of trenches was a normal construction behavior, and there were no illegal and criminal acts of forced demolition, forced removal, and intentional destruction of other people's property, and they had been reconnected. Although the above behaviors objectively do cause traffic inconvenience to the victim, it cannot prove the subjective intention of the criminal group to cause trouble, and it cannot be identified as a crime. In addition, the victims of 12 facts claimed that they signed the demolition agreement because of the psychological fear caused by the Li Moumei criminal group after smashing the windows of other relocated households, but there was no other evidence to support the agreement, and the defendants of relevant facts did not confess, so the evidence was insufficient, and such facts could not be identified as crimes. For the 11 crimes committed by the criminal group at the demolition sites such as Sangjiapo, Shengxin living quarters and Linyuan living quarters, including two cases of forced demolition of houses after using fire axes to break doors or forklifts to break windows into the victims' homes to control the victims; In one case, the victim was forcibly controlled not to approach the demolition site, and the victim's house was forcibly demolished; In four cases, the victims were beaten and dragged out, and then forced to demolish the houses by dismantling cars and excavators. In four cases, the victims stopped the forced demolition, and used snake throwing to threaten, driving to stop the victims, verbal intimidation, and driving to follow petitioners to create traffic accidents, which has caused more than ten victims' personal and property losses and seriously affected the normal life of the relocated households, Most of the residents who have not been relocated are psychologically forced and deterred. The people dare to be angry and dare not speak up, and even forced to sign a demolition agreement. The social harm is great, and their criminal responsibility should be investigated.

（3） Accurately identify members of criminal groups of evil forces according to law. The third focus of the case is whether all the participants are identified as members of the criminal group of evil forces. The procuratorial organ first clarifies the time, reason, degree of participation, specific behavior, whether people are involved in the criminal group, and personal profits of each person involved in the case, and divides them into different levels to avoid expanding the scope of punishment due to improper "one size fits all" identification. After examination, it is determined that Li Moumei, who organized and led many people to commit the crime of provoking trouble for many times, is the ringleader of the criminal group; It is determined that those who actively participate in the organization of criminal activities of the group and command other personnel to commit crimes such as deliberately destroying property, illegally invading houses, and causing trouble, such as Li Moupeng, Liu Moujun, Sun Mou, Hu Moujia, etc. are second level personnel and important members of the criminal group; Zhang Mouhui, Bian Moupeng, Wang Moulong, Geng and others who knowingly participated in criminal groups of evil forces and repeatedly participated in violent demolition activities such as deliberately destroying property and illegally invading houses are the third level personnel. For the fourth level personnel who are temporarily gathered to participate in criminal activities, focus on whether they subjectively know or should know that the organization is an organization whose basic activity is to commit crimes, and voluntarily accept its management. Judging from the above principles, Leng Mouchang, Lu Mouming, Lu Mouwen and others were temporarily gathered and only participated in one or two "station" activities outside. They usually had no affiliation with Li Moumei. They were young, had little social experience, and had a short participation time. They mistakenly entered the criminal organization to make a living, and were not aware of the crime subjectively, Not recognized as an organization member of a criminal group of evil forces according to law.

（4） Accurately distinguish group crime and individual crime to ensure that the crime, responsibility and punishment are compatible. The fourth focus of the case is whether Li Moumei, as the leader of the criminal group of the evil force, should bear criminal responsibility for all cases committed by its members. According to the provisions of the third paragraph of Article 26 of the Criminal Law of our country, the ringleaders who organize and lead criminal groups shall be punished according to all the crimes committed by the groups. "All crimes" should mean all crimes committed by criminal groups, not all crimes committed by members of criminal groups. The internal management of the criminal group involved in this case is loose, and some members, in order to seek personal interests, take advantage of Li Moumei's reputation as a "big sister" in Linzi District to commit crimes, gather people to fight and make trouble wantonly. For example, the backbone member Chang Mouzhong gathered several people to set up a separate underground "police team", which not only participated in the illegal and criminal activities of Li Moumei's criminal group that deliberately destroyed property, but also independently committed ten criminal acts such as rape, forming another criminal group of evil forces with Chang Mouzhong as the leader. Another example is that Qu, a key member, once gathered people to fight outside the organization and once provoked trouble, resulting in the criminal consequences of two minor injuries and one minor injury. However, Li Moumei did not know about the above-mentioned acts, nor organized, planned, commanded or participated in the implementation. The above-mentioned criminal acts were not committed for the interests of the group, and had nothing to do with the interests of the organization. Li Moumei did not ratify them afterwards, which did not help the development and growth of the criminal group. To sum up, the above-mentioned crimes such as affray, provocation and trouble making that are not organized, led or participated in by Li Moumei himself cannot be considered as "all crimes" committed by the criminal group, and Li Moumei shall not be responsible for the above-mentioned individual crimes committed by his group members.

Typical significance

（1） Strictly punish the evil forces in the demolition field and safeguard the legitimate rights and interests of the people. As an important link in urban development, demolition is related to the vital interests of the masses. Behind the "black demolition", there are often black and evil forces involved. Criminal groups composed of "unidentified social personnel" carry out assisted demolition, forced signing, and violent demolition, which seriously damage the image of the party and the government, and should be punished according to law. People who have been released from prison and those who are idle in the society often gather together to carry out many illegal and criminal activities in the demolition field, such as violence or "soft violence" forced demolition, illegal intrusion into other people's houses, which affects the normal life of residents who have not been demolished, causes psychological fear and panic of the masses, disturbs the economic and social order, and causes relatively bad social impact, Those who have not yet reached the standard of forming illegal control or significant influence in a certain region or industry and meet the criteria of criminal groups of evil forces can be identified as criminal groups of evil forces according to law.

（2） Accurately identify the criminal facts and members of criminal groups according to law. In handling mafia cases, it is necessary to accurately distinguish between normal business behaviors and criminal behaviors that are not harmful to society, as well as crimes committed for personal interests and crimes committed for the interests of groups. Any crime committed by a member of a criminal group for his own benefit other than the will of the criminal group shall be the responsibility of the individual and shall not be deemed as a crime committed by the criminal group. Those who have participated in criminal groups for a short time, have not participated deeply, lack a clear understanding of criminal groups, have less specific behavior circumstances, and have less personal profits should not be identified as members of criminal groups of evil forces.