Research On Extortion

Extortion is a common crime in judicial practice, but due to lacking the criminal law provisions on this crime and relevant judicial interpretations (only the Supreme People's Court announced in 2000 "about extortion standard stipulation to recognize "), judicial application of the standard of criminal extortion is often difficult to apply, which is closely related with insufficient theoretical study of criminal law. In order to correctly identify and deal with difficult cases of extortion, we should conduct a thorough study to improve our legislation of extortion.This paper regards the " offenders implement intimidation -- victims throw into a state of fear -- victims based on the psychological fear dispose of property -- the perpetrator (or a third party )obtains property --the victims suffer damage to property" as the basic structure, "be full of justice at heart forever, sight travels to and fro between the rule of criminal law and the unceasingly living fact " to explain the concept, in order to recognize extortion and provide the reference, the author conducts a thorough study on objective requisites of crime, subjective requisites of crime, the relationship between such crime and other similar crimes( such as robbery offence, kidnapping , fraud , bribery ), the aggravation punishment plot judicature recognized and so on. At the same time, the author analyzes the indictment and legal punishment of extortion, finds the omission of the law by employing a comparative method, and puts forward related legislative proposals to improve the legislation.This article not only takes root in China's legislation and judicial reality ,but also launches the discussion during the correlated country criminal law stipulation comparison; launches the discussion about constituent elements of extortion, and proposes the reasonable solution to each kind of problem which already had and possibly appears to; pays great attention to take the appropriate legal philosophy as the instruction to explain criminal law articles, and summarizes the questions and principles of criminal law from the concrete fact of life.