Research On Extortion

By analyzeing the legislation on the crime of Extortion in the domestic and foregn countries, then the author drawn a conclusion in this article that the Constitution on this Crime in China has its own specilties.Due to the diversity of methods of crime,the object of the crime is a complex object.From the point of explanation theory,the target of the crime does not include"property interests".Acts of violence is includede in the threat action as the objective aspect of this crime ,but the use of violence or threats of violence and to possess the property should take place in a different time and space . To measure the standard of the intensity of threaten and coerce, we should adopt subjective theory. Subjective aspects of the crime is direct intention .Specifically speaking, the offenders know that their extortion behavior by the means of threats or coercion will cause the legal results that a great many public or private properties or property interests from the victim, and they determine to take measures with the hope of possessing that public or private properties or property interests.The offenders should also have a purpose to possess or obtain public and private property illegally. Only when the perpetrators use the intimidation, threat and so on to make the victim fear, or be forced to surrender their properties, the crime of Extortion is constituted ompletely. With the purpose of illegal possession or not, is the key to tell wether it is the crime of Extortion.There are some relations beteen the crime of extortion and crime of kidnapping, robbery, crime of fraud, larceny, Crime of forced transaction,but they have some differences such as the object violated,the method of crime,degree of violence or threat, pressing degree and subjective state,etc.From the view of legislation theory ,by the way of clear explanation of indictment, a specific stipulation to the Constitution of the Crime should be made in our criminal law.The Legislation should also affirmative disclosure that property interests is an object of crime of extortion.it should also lists the concrete examples and use the save clause to refine the provision of"gravity of the circumstances".As to the statutory punishment,we should add pecuniary penalty to deterrent the offenders as same as the international's practice.