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A Study About Some Knotty Problem Of Extortion Crime

Posted on:2009-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:S T LiuFull Text:PDF
GTID:2166360278971155Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Extortion as a high-frequency crime, because its legal provision is a simple count, so difficult to distinguish with other crimes.In terms of subjective purpose, the crime of extortion is a crime for the purpose of illegal possession. The judgment about the illegal purpose for possess is very important for judge whether establish the crime of extortion. In terms of objective behavior, extortion crime's behavior is the compound behavior. Its method behavior is threaten. It means that blackmail with will implement violence and other violate behavior or causes other people to receive some kind of detriment, always refers to present as menace, take advantage of the influence and deceive. Its purpose behavior is demand, perpetrator's final goal is the Public and private property. The reason of perpetrator's acquisition is not limited to the fear of victim,. So long as achieves the degree which can cause fear of most people, it can establish the crime of extortion.In terms of plot, extortion as a crime which need achieve some amount. Only then achieves certain amount or the plot can constitute the crime of extort. So in the term of plot, this crime make the corresponding require. The circumstance is serious or not, can decide whether establish crime.Through deep research which constitutes to this crime, hoped that can be clear about the establishment to extort crime's demarcation line, thus differentiates this crime and the non-crime, this crime and his crime.
Keywords/Search Tags:illegal possession goal, menace, deceive, public or private property, sever case
PDF Full Text Request
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