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Some Issues In China Extortion

Posted on:2011-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y MangFull Text:PDF
GTID:2166330332992533Subject:Law
Abstract/Summary:PDF Full Text Request
Extortion of China's law and judicial practice in common crime, always subject to public attention. In this paper, the Criminal Law and related legislation of the country compared to the provisions of the Criminal Law of the provisions of this crime, has evaluated that the norms of the Criminal Law provisions in the existence of blackmail "principle more than, less than the details" problem, which in theory on the uncompromising, today, and in judicial practice, the lack of common understanding, leading to difficulties when handling the case, it is difficult to avoid contracting the guilt-free, innocent convicted of, felony mitigation, serious punishment for this crime other crimes sentence and other problems.Taking into account of the crime of common crimes such multiple important to accurately define the practical value, this paper attempts to present issues related to the crime Do some discussion, and hope to apply for this type of process in the case of specific crime or accurately determined, this crime and other crimes play a guidance role. This paper attempts to constitute the crime of extortion, crime patterns, crime type comparison of angles, in-depth analysis of the substantive features of extortion, in order to promote awareness of the crime and trial level.Finally, our legislation on the problem, this article from the legislative point of view on the proposed explanation of our counts should be used in ways constitute the crime of extortion carried out a detailed description of the property interests of the clear provisions of the crime of extortion crime by using "case list" plus "provisions reveal all the details" approach to refinement of "grave circumstances" requirement. But also in the statutory sentence, it should add the crime of criminal fine, to increase the deterrent effect on criminals, and international practice.
Keywords/Search Tags:Extortion, structure of the crime, patterns of the crime, comparison of the crime, legislative proposals
PDF Full Text Request
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