The Research On The Crime Of Extortion Conviction

The crime of violations of property is a common kind of crime committed frequently in China. With its high-rate of commission and updated skills of crime, it seriously violates the public as well as the private property rights that are set and protected by the Constitution and the Penal Code. Due to the China's current legislation on sexual crimes related to the provisions of the property rather ambiguous. The crime awareness of theoretical elements is not enough scientific between the relationship, Lead to the administration of justice to deal with is very non-uniform in the criminal cases related to property, it undermines the authority and credibility of the administration of justice.Beginning with a real case that happened on train 2013, the thesis briefly introduces different opinions of scholars of the Penal Code and experts of the practical circles. Combining with the theory of elements of composition and the concepts and differences between the crime of robbery,the crime of extortion and the crime of provocation, the paper gives a detailed analysis on Mr. lv who begged through paid singing. The thesis is intended to provide some reference for practical circles by analyzing this typical case.The paper is mainly divided into five parts:Partâ… : the main points of the case, that is, the case of Mr. lv who begged through paid singing.Partâ…¡: the introduction of the case. In this part, the whole process that Mr. lv begged through paid singing is briefly introduced. Besides, decisions of the nature of this case made by the first trial,the second trial are elaborated in details.Partâ…¢: the focus of this case. In this part, the paper points out that the focus of the case lies in how to decide the nature of it, in other words, whether it should be decided as the forced transaction offense,the crime of provocation or other crime.Partâ…£: opinions and controversy. In this part, three different opinions are illustrated as for the decision of the crime. One is decided as the crime of robbery. Judgers believed that the wrongdoings of Mr. lv legally meet the elements of the crime of robbery, on the basis of their purpose and action. The other is decided as the forced transaction offense, because Mr. lv's action of singing for payment is precisely fit the features of the forced transaction offense, which seriously damages the order of fair trade. The third one is the opinion of Mr. Zhang Mingkai, who strongly hold the opinion that Mr. lv's action should be classified as the crime of provocation. He says that as long as their action violates those legal interests protected by the crime of provocation, and harasses the normal social order, it should be judged as the crime of provocation.Partâ…¤: the analysis of legal principle. In this part, the theory of elements of composition and the relationship between those elements are generally illustrated. After that, the thesis pays more attention to the differences of these crimes and makes the conclusion that the action of Mr. lv should be judged as the crime of extortion.