2018 Supreme People’s Court、Supreme People’s Procuratorate、Ministry of Public Security、Article 17, item (1) of the "Guiding Opinions on Several Issues Concerning Handling Criminal Cases of Underworld Forces" issued by the Ministry of Justice (hereinafter referred to as the "Guiding Opinions")，Definition of the “threat” that constitutes the bet with bet365 transactions committed by evil forces，And qualified in the sense of distinguishing it from "intimidation" in the crime of picking quarrels and provoking trouble。Through the above two aspects of regulation，The meaning of "threat" in the bet with bet365 transaction committed by evil forces should be said to be relatively clear，But from the perspective of judicial practice，There is still a bias in the understanding of "threat"，So the author tries to further explain the "threat"。

Article 17(1) of the "Guiding Opinions" clarifies the soft violence carried out by evil forces，At the same time, the constituent elements of "threat" in the bet with bet365 transactions committed by evil organizations are defined and limited。According to this regulation，“The organized use of nuisance、Entanglement、Noisy、Gathering crowds to create momentum and other means to disrupt normal work、Order of life，Inflicting psychological fear or psychological coercion on others，Threats falling under Article 293, Paragraph 1, Item (2) of the Criminal Law、Threats stipulated in Article 226 of the Criminal Law，Meeting the conditions for constituting other crimes at the same time，Should be charged with picking quarrels and provoking trouble、Conviction and punishment for the bet with bet365 transaction”。Careful analysis can reveal it，The above provisions include the following six aspects。

First，If you want to identify a joint criminal organization as a "soft violence" type of evil force，The joint criminal organization must use "organized" nuisance、Entanglement、Noisy、Four ways of behavior including gathering crowds to build momentum。In other words，If nuisance is not adopted in an "organized" manner、Entanglement、Noisy、Four ways of behavior including gathering crowds to build momentum，But singularly、Individually adopt one of the above behaviors，It does not fall into the bet with bet365 transaction committed by evil forces，It can only be a bet with bet365 transaction committed by ordinary criminal subjects。

Second，“Psychological fear” and “psychological coercion” respectively correspond to “intimidation” in the crime of picking quarrels and provoking troubles in Article 293 of the Criminal Law and “threat” in the bet with bet365 transaction in Article 226 of the Criminal Law。For the victim，Psychological coercion is a more serious psychological fear than psychological fear。If it is just the victim’s psychological fear and does not reach the level of psychological coercion，It should not be considered as a "threat" for the bet with bet365 transaction。Psychological coercion here，Refers to the psychological attitude that the victim is extremely depressed and does not dare to commit a certain behavior based on the perpetrator's behavior。Therefore，The degree of harm of “threatening” behavior should be limited，Behavior here，Not all "threatening" behavior，It should be behavior that has a psychological coercive effect on the victim，This is just like the perpetrator inserting a bamboo stick into a non-vital part of the victim's leg causing minor injuries, but the victim did not receive timely treatment and died of excessive bleeding，The perpetrator’s act of inserting bamboo sticks into non-vital parts of the victim’s legs here is not an act in the sense of criminal law，Therefore, the perpetrator cannot commit the crime of intentional injury，At most, it constitutes the crime of negligence causing death。By analogy，The "threatening" behavior of the evil forces in committing the bet with bet365 transaction must also reach a certain degree of harm，A simple threat is not a "threat" in the bet with bet365 transactions committed by evil forces，Under the circumstances that the victim cannot have harmful consequences of psychological coercion，Threatening behavior is the same as "intimidation" in the crime of picking quarrels and provoking trouble。

　Third，Whether it is psychological fear in the crime of picking quarrels and provoking trouble or psychological coercion in the bet with bet365 transaction，The source of motivation should not be your own fear，It must be someone else’s、The psychological impact of external behavior on the victim，This involves the identification and evaluation of behavior in criminal law，That is, whether the objective state of others can be evaluated as behavior，The answer is of course no。This is not only because the objective state of others cannot reflect their consciousness and will，There is no causal relationship with the psychological fear caused by the victim’s self-pressure。In the absence of external force from the perpetrator，The victim’s subjective psychological attitude of feeling fear，No matter whether this psychological fear reaches the level of psychological coercion，None of them can be considered as "psychological coercion"。

　Fourth，The criminal behavior of the underworld organization that constitutes the bet with bet365 transaction must be a nuisance、Entanglement、Noisy、Means such as gathering crowds to build momentum。If the above methods are not implemented，Or even though objectively it seems to be consistent with a certain method，But in fact it does not conform to the principle of unity of subjectivity and objectivity，It still does not belong to one of the above methods。Suppose there are multiple people doing their own work according to the division of duties and responsibilities，Seeing others quarreling and watching without saying anything、Indicated by action，It still does not belong to gathering crowds to build momentum。

　Fifth，The "threat" of the bet with bet365 transaction must reflect the causal relationship between the behavior and the result。Behavior here，It can also be a threatening behavior with violence as content，It can also be threatening behavior that does not involve violence，But all must reach a certain level，Not threatening behavior in all senses，Otherwise, it cannot be distinguished from the meaning of "intimidation" in this article regarding the crime of picking quarrels and provoking trouble；And，Even if threatening behavior reaches a certain level, it is not the whole content of "threat"，Definition of “threat” under these Terms，“Threat” includes more than just behavior，Also includes results，Can also be understood as a state，That is, threatening behavior affects the perpetrator，The perpetrator must fall into a state of "psychological coercion"，The "intimidation" in the crime of picking quarrels and provoking trouble is simply threatening behavior，Neither does it require the degree of harm of the behavior，It does not require that the behavior cause the harmful consequences of "psychological coercion"。It is not difficult to see from the above analysis，The "threat" in the bet with bet365 transaction is collective behavior、Result、A complex of cause and effect relationships。If there is no such psychological coercion result，There is no such causal relationship naturally，Content that is not a "threat"。

　Sixth，“Threat” is a necessary element but not a sufficient condition for the bet with bet365 transaction。In accordance with the provisions of Article 17 (1) of the "Guidance Opinions"，Criminal acts committed by evil organizations must constitute a "soft violence" type of forced transaction crime，“Threat” is only one of the conditions for the crime，To constitute this crime，Other components are still required。

　　(This article is a phased result bet with bet365 2019 Supreme People’s Procuratorate’s procuratorial theory research project “Research on the Criminal Law Regulation bet with bet365 ‘Protective Umbrella’ of Evil Forces’” (GJ2019C06)

(The bet with bet365 is a researcher at the Chongqing Integrity Research Center of Chongqing Technology and Business University)