Inquiry On Difficult Problems Of Extortion

Extortion is a crime of property-violation that has a high crime rate in today's society and the dangers of it is large, while China's current criminal law and judicial interpretation of the extortion of the behavior, and the establishment of conditions and aggravating circumstances and other important content is in not clear definition and interpretation, judicial practice of extortion often found difficult problems. Therefore, extortion related to difficult, controversial issues of systematic study and discussion, whether it is in criminal theory and judicial practice has an important significance. This paper studies on the basic constitution and the aggravating circumstances of extortion,With a view to further dissection on the determination and the boundaries of the crime to provide a little inspiration and reference to the judicial practice of extortion.The body of this article is divided into three parts :The first part is about the objective elements, In the objective element section, respectively, the object of conduct for this crime, protection of legal interests, the analysis on objective behaviour,legal results and the standards for the amount of this crime. The author believes that acts of extortion targets should include the property interests; benefit of this crime, property law should cover this right and no legal basis for the de facto possession, And the protection of the right of this has been a priority; Fear is not the only performance that people are subjected to psychological coercion, interference with freedom of the will, as long as the evil acts of harm to the other party notice, express or implied, of its intention to blackmail the other side also dispose of property, therefore, suffices to illustrate the will of people being extorted the freedom of decision is already being interference and coercion, and the victim were not alone out of fear of crime and the disposition of property and thus deny an accomplished is forsaking the fair;The objective behaviour of this crime is a threat or violence against a minor; extortion should not be included into the scope of Robbery;this crime, The statutory consequences is the freedom of the will of the victim and therefore a mandatory punishment of property, loss of property rights; In addition to the establishment of this crime, "a relatively large amount" should be "repeatedly extortion and the cumulative amount amounts to set up standards "and" While modest, but there are other serious circumstances "as the standard of criminal responsibility for this crime be investigated.The second part is about the subjective element, the author believes that criminal purpose of this crime has many defects in the traditional theory ,and has been unable to adapt to practical needs, it was amended and improvement. The subjective purpose of this crime should be stated as "To make yourself or others unlawful access to property or property interests. " I believe that person committed the acts of intimidation, threatening behavior, if the victim did not require the delivery of property that, while the victim out of desire to take the initiative to give away from a difficult property.Characterization of the exercise of the rights acts, the author argued that the act in law or morally from others to obtain the right of property or property interests for the realization of this right within the scope of property or property interests, not in conformity with the composition of extortion, this crime can not be qualitative.The third part is about the aggravating circumstances of this crime. First introduced the aggravating circumstance of this crime in China.Because the legislation lags behind, the practical operation of judicial officers left too much room for discretion, so that this crime finds difficult to "crimes when it is fine, penalty when the severity of the offense ",leading to the cases dealt with inconsistencies and unevenness. To clearly define the extortion of the aggravating circumstances has important theoretical and practical value.Followed, by Germany, France, Italy, Russia and other countries of the legislative overview and assessment points out its reference value for China's legislation. Finally, according to the characteristics of the practice of extortion, theft and other reference to China's ideas on judicial interpretation of property crime and foreign jurisdictions, the author proposes a set of aggravating circumstances of this crime.This article is rooted in our country's legislative and judicial reality, in turn placing the issue related to comparative criminal law among the countries concerned to discuss ; It is not only about the basic structure and aggravating circumstances of this crime, but also the difficult issues related to the rational point of view and resolution of ideas.