Research On Extortion

Extortion, as a kind of property crime, occurring frequently in these years, has threatened the property rights of citizen and market economic order. the insufficience of legislation and imperfection of theory have increased the difficulty identifying the crime in judical practice, and often caused the violation of principle of legality.The research in extortion is of very importance in both improving the theory of criminal law and guiding the judical practice. This paper is divided into four parts, summary, the analysis of requirements, identification of difficult issues of justice, and Consummation of Legislation, hoping to be of help in criminal theoretical research in extortion and judicial practice.The article discussed in four parts:Part I: A summary of extortion. This section first introduces the concept of extortion in the Crimial Law in the criminal law of most countries, the concept of extortion is provided expressly, but there is difference in the name, description, and the severity of Legal Sentence of the crime. Through the comparison of national criminal law of different countries, it is said that the concept of extortion has both broad and narrow senses. in Western Zhou Dynasty of ancient China, the activities similiar to extortion were treated as a crime, and from then to the founding of new China, the cirme has been still in use now, by a series of improvement and revision.Part II: Analysis of requirements. in my opinion, the object this crime infringing is dual, property rights and personal rights. perpetrators of the crime acted by way of threat and intimidation, often against the personal rights of others or other interests. that is to say, the specific methods of the crime determines that the object of this crime should be a complex object, not a single object. The Criminal Law in China does not specifically provides that "property interests" is the target of the crime. I think that property interests should be target of the extortion act. Although the property interests are not the properties, by its role in Property interests, the final result will be against the economic interests of the victims. in fact, there is no difference between the results in harm. From the aspect of the perpetrator, the infringement on property interests of others is actually another way to increase his own property. If the property interests are not treated as the target of this crime, it will lead to unfair punishment that the acts of a similar nature are different from criminal law evaluation, contrary to equity and justice.The objective aspect of this crime showed the method is to force the owners and custodians of the proper to surrender public and private property by way of intimidation or coercion to the perpetrator or the third party in his control. It can be seen that the protected interests of this crime is not just property rights including the victim's freedom of decision and freedom of movement. of course, the essence of this crime is against property. In general, the establishment of the crime is the logic: the perpetrator to the purpose of illegally occupied and promising to implement the threat of victims - lead to fear of the other - disposition of property - transfers of property.Subjective aspect of extortion must be direct intention that the perpetrators know that the results their acts of intimidation against the community will occurre, but hope that the results of this damage come out. That is to say that the perpetrator must have the appropriate subjective sins. illegal possession of large amount of public and private property or illegally obtaining a copy of certain property interests is the aim or purpose of the crime.Any one not younger than 16 years, with criminal responsibility of natural persons, may become the subject of this crime. This also shows that natural persons younger than 16 years and units to blackmail and extortion, could not be convicted and punished according to extortion.Part III: Judicial Determination. the boundaries of the crime and not, the crime and other crimes, a crime and several crimes, accomplished and attempted to distinguish, such issues will be discussed. emphasis is on the distinction between often confused robbery, kidnapping, bribery request type, and the distinction between fraud and other problems. when identifying whether a particular act in accordance with this crime qualitative, it is necessary draw attention to the following two questions:The first is how to recognize the "illegal occupation". Illegal Possession is subjective components of the crime. Understanding from the original meaning, the purpose of illegal possession of property is in control of illegal possession of property. The "illegal occupation" can not be narrowly interpreted as for ourselves, but should be broadly understood. the intent to make unlawful possession of large amounts of illegally and to obtain property or large amount of property interests are also covered by the "illegal possession of purpose" of extortion .The second is how to understand, identify "extortion". The performance of the objective aspect of the crime shows that the perpetrators threat of the victims to force them to deliver large amounts of public and private property or property interests. To correctly understand and identify the "extortion" behavior, the two aspects of the threat or coercion and the fear of the victim should be defined mainly.Standard on the crime of attempted and accomplished, divisions are still in criminal law field. I agree with this view that the standard should be whether aquiring the property of others. the crime is consequential offence, that means when the perpetrator uses intimidation, threats and other means, to make victims fear, and force them to hand over property, it shall be accomplished; If the victim has not feared at the act of the perpetrator, or despite fear, but not hand over property, orthe victim for fear to surrender property, but the act because of other reasons they doesn't get the actual property, it should be attempted.Part IV: Legislation of extortion. The article of the Criminal Law of the crime under the current uncertainty and practical problems caused by the exposition, the three aspects of improving the legislation on our recommendations. Seeing practical problems caused by the current uncertainty inthe Criminal Law of this cirme, The article gives some advice to improve the legislation from five aspects.Identifying and dealing with for multiple acts of extortion in criminal theories divide. Theauthor's point of view is as follow: first, according to the spirit of criminal law theory: "The Combination with the number of species is not the principle of sin and The Combination is the exception", the multiple acts of extortion of people (each time when the crime was established), should The perpetrator of other times after a first offense criminal acts as aggravating circumstances of this crime be punished. Second, the perpetrator repeatedly extortion (blackmail the amount of time is not large), this time as the cumulative amount of computation time only to be convicted and punished, they are violating the principle of adapting criminal guilt. Such being the case, I believe that should apply, "there are other serious circumstances" as the evaluation of the perpetrator's conviction standard, so better to do of Crime and Punishment. Third, if the acts of extortion were implemented several times, but each time the establishment of criminal behavior are not, and do not have the crime, the circumstances are obviously minor general provisions of the Criminal Code, this time in accordance with the provisions of criminal law, human behavior can not be extorted blackmail, but only to act according to the provisions of administrative law were administrative penalties. Accordingly, I believe that extortion of many times (each time does not constitute a crime) should be criminalization.In the legal punishment, legal punishment should be to increased about the crime of extortion to banlance and coorninate with theft and fraud. I propose, the article 274 od the criminal law in China should include this: "The amount involved is huge or other especially serious circumstances are involved, convicted more than ten years term or life imprisonment, and a fine or confiscation of property."In the legal punishment, legal punishment should be to increased about the crime of extortion to banlance and coorninate with theft and fraud. I propose, the article 274 od the criminal law in China should include this: "The amount involved is huge or other especially serious circumstances are involved, convicted more than ten years term or life imprisonment, and a fine or confiscation of property."Extortion of multiple susceptibility has seriously endanger the social order. Conviction of thiscrime because with the principal penalty provisions and without additional punishment, has not adapt to the fight against crime to protect people's property rights. because of this, the author suggested that in adddition to extortion principal penalty additional property, should be included.