Study on legal connotation of the China’s campaign against gang-related crimes (Henan University School of Law, Kaifeng, Henan 475001)

Since the beginning of 2018, the special campaign against gang-related crimes has been carried out in depth throughout China, which has aroused tremendous social repercussions and produced very positive results. We believe that the campaign against gang-related crimes carried out in the form of “special struggle” has the advantages of making up for the normalization of governance, effectively meeting the security needs of the masses, and consolidating the effective leadership of the party and the government. However, this governance model has possible risks such as deviating the basic position of rule of law based on its own characteristics, which will directly affect its implementation effect. To avoid these risks, China must strictly limit the campaign against gang-related crimes to into the track governed by law, and use the legal thinking and law methods to provide a solid foundation for the victory of this campaign. Specifically, the following aspects should be achieved: first, we should avoid the politicization and expansion of the campaign. Party and government organs cannot intervene with the judicial authority for political reasons. Second, we must adhere to the principle of restraining criminal law, and we cannot arbitrarily expand the scope of punishment for gang-related crimes. Third, we should implement the criminal policy of combining punishment with leniency, and treat the members of gangs differently according to their roles, status and division of labor. Fourth, we should clearly determine the standard of crime, to avoid the judicial authorities from entering the specific “Case-type Judicial Activism” trap. Finally, we should emphasize procedural justice, give full play to the role of defense lawyers and guarantee the rights of criminal suspects.

кампания против преступлений, связанных с бандами, стиль управления, опирающийся на кампании, преступление вовлечения в преступную синдикатную группу, смягчение уголовной политики, снисхождение, campaign against Gang-related Crimes, Campaign-style Governance, Crime of Involving in Criminal Syndicate Group, Temper Criminal Policy with Mercy