Evening of June 9, 2010，Professor Sang Benqian gave a wonderful report on "Legal and Economic Countermeasures of Gang-related Crimes" at the 7th Qilu Criminal Law Forum in the Academic Lecture Hall of Shaw Law Building，The guest commentator is Professor Liu Zhongwei from the Law School、Associate Professor Huang Shiyuan、Dr. Ma Yi，This report is hosted by Professor Zhou Changjun。

    The main content of Professor Kuwamoto Ken’s report: Targeting high-risk crimes (such as gang-related crimes、Crime endangering national security、Terrorism crimes, etc.) on the basis of existing judicial interpretations，Set up a special legal procedure。There are two core concepts for high-risk Bet365 Pokercrimes: first，Is it prevention or deterrence？ Deterrence refers to increasing the severity and certainty of punishment，Some scholars believe that deterrence cannot effectively control crime，But it has been proved by a large number of social practices，Deterrence is effective，The source prevention system encounters various operational problems，It believes that deterrence is a long-term mechanism。Second，About procedural issues。For what is procedural justice，Professor Ken Sangben believes that procedural justice must include the connotation of efficiency，The goal pursued is to minimize the sum of the errors in legal decision-making and the cost of avoiding errors，Finding the sweet spot between legal economy and legal precision。Justice that does not include efficiency is substantive justice，It pursues zero error in legal decision-making，It is invisible justice，Conducive to reducing monitoring costs。In order to pursue efficiency, we will give up the zero error of some decision-making，Therefore, high-risk crimes should appropriately reduce the illegal evidence exclusion rules。Professor Ken Sangben believes that the main countermeasures against high-risk crimes include: 1、Maintain efforts to combat gang-related crimes；2、Use probation with caution for gang-related crimes、Parole、Reduced sentence，Maintain prison as a deterrent；3、Strengthen cooperation with the public security organs and law，Allows the police to use a variety of methods to search for evidence；4、Add restrictive conditions for lawyer intervention。

    Professor Zhou Changjun summarized this report and expressed his own views，He thinks: 1、The prediction of law and economics is rational，Deterrence works on rationality，But it has limited effect on some crimes such as Bet365 app downloadconviction crimes，The role of deterrence in gang-related crimes is worthy of consideration；2、There are also problems with the operability of deterrence，Comprehensive measures are currently implemented, with the main focus being severe crackdowns and other forms of supplementary measures；3、Does not agree with the relaxation of criminal prosecution standards，Because the current criminal evidence is mainly confessions，How to relax、There is no standard for how far it should be relaxed，And crime related to gangs is a vague concept，There are contradictions in definition in practice。

    The commentators commented on this report from different perspectives based on their own majors: Professor Liu Zhongwei agreed to crack down on gang-related crimes、Organized crime，And introduced foreign trends: 1、Advance the protection of legal interests in criminal law；2、Add crime，Expand scope；3、Modify the definition of organized crime，Tight Criminal Law Network；4、Implement special traceability and liability principles for organized crime。Defining gang-related crimes as action crimes in Chinese textbooks，But there are contradictions with practice，Professor Liu Zhongwei believes that the current criminal composition should be changed，Defining gang-related crimes as corporate crimes，Advanced to the criminal conspiracy stage。At the same time, Professor Liu Zhongwei also pointed out: 1、It does not think there is a problem with the ideology of criminal policy；2、Taking the Qin Dynasty as an example, we believe that vertical deterrence，The effect of a severe crackdown is worth considering；3、The state rarely considers economic costs when formulating criminal policies，The highest value it pursues is national security and Bet365 lotto reviewsocial order。Associate Professor Huang Shiyuan thinks: 1、The problem of wrongful conviction and misplacement in criminal justice exists in any judicial system，Any standard of proof can lead to misjudgment and misplacement，my country has not raised its certification standards，And the standard of proof is the referee’s standard，Does not require public approval，In current judicial practice, the standard of proof is too mechanically understood，Easy to lead to misjudgment、Misplaced；2、The occurrence of wrongful convictions is inevitable, and pursuing wrongful convictions cannot prevent wrongful convictions，On the contrary, it will make it difficult to correct wrong cases；3、There is controversy over whether the illegal evidence exclusion rule should be used in high-risk crimes；4、In current practice, we oppose the cooperation of the three agencies of public security, prosecution and law，Special Inspection、The law should not cooperate，This will be detrimental to the interests of the defendant，I don’t think the cooperation of the three agencies is a good way to solve the deadline problem。Dr. Ma Yi talked about it from his own experience，Believe that the system must be balanced。

    Professor Sang Benqian’s comments on the guest reviewers，Made a brief response。On the issues of modern legal ideology，He thinks it’s just a different perspective of understanding，Someone pays more attention to security issues，Someone pays more attention to freedom，Cost issues must be considered in the formulation of criminal policies，And operability issues for deterrence。Finally, Professor Kuwamoto Ken and his classmates discussed the rules for excluding illegal evidence、The issue of extorting confessions through torture、Victim compensation issue、Discussed whether legislators need to consider costs and benefits。