A Qualitative Analysis Of The Crime Of Extortion

Crimeis the essence ofviolations of the right of others,the task is toprotect the rights ofcriminal law,In today’s rapid economic development,extortionhas become a more commoneconomic crimes.In practice and theoryare also great difference in the concept of extortioncomponents,Zuiyufeizui,thiscrime and other crimes,penalties,etc.There arecontroversial.Especially in the judicial practice rarely unprovokedacts of extortion toothers,always use some justification or excuse,that extortion is generally accompanied byacertain amount of exercise and the right behavior,how to correctly grasp the penal codeforextortion provisions of the crime,extortion explicitly protected legal interests,to distinguishbetween acts of estortion subjective between changes,and accurately distinguish betweenlegitimateexercise of their right behavior and actuallintimidation,Lefiscalrelationship betweenthe rights of criminal law protection functions to achievean importantelement,has a veryimportant practical significance.This addition to the introduction of four parts.The first part is the case of the basic situation. This section and the cause of action, itscase, the focus of debate and disagreement composed of four sections. The first section ofProposal: Zhang Shujuan extortion; second plate of its case: This section describes the use ofdeception defendant Zhang Shujuan abduction students wearing Lei to Nanjing, and Nanjing,Hung Hing staying in hotel to Dai Lei, would be in danger by demanding money to wear aparent ’s behavior. In the meantime, Zhang Shujuan declarations are not allowed to wear theparent alarm, otherwise there will be danger of wearing lei. After Dai Lei Zhang Shujuan outof the machine to take advantage of contact with their families, under the guidance of hisfamily to leave the hotel to the local public security authorities for help, Huai’an police inNanjing, the defendant Zhang Shujuan arrested; third section indicates that the case in thecourse of the trial, both the prosecution and the defense disagreement. Public prosecutor that:the use of case Zhang Shujuan Lei Dai Dai parent to its child safety concerns and extortmoney, obtain benefits, in line with elements of the crime kidnapping, should be convictedof kidnapping. The court held that the defendant Zhang Shujuan violation of the object ismainly property rights of citizens, more in line with elements of the crime of extortion, shallbe recognized as extortion. The fourth section points out the specific focus of debate, namelythat part clearly pointed out how the qualitative.The second part is the analysis of the relevant legal issues. In this section, the author from extortion and kidnapping elements of the crime departure, detailed analysis of theelements of the crime of extortion, how convicted of extortion explore qualitative issues aswell as kidnapping and extortion difference.The third part is the case analysis and conclusions. Through theoretical analysis andconcluded: Zhang Shujuan ’s behavior did not reach completely restrict the personal freedomof the actual degree of control over the victim, that did not reach for the kidnapping ofanother person as a hostage for the degree kidnapping for extortion, the defendant’s conductof the case in order to blackmail blackmail convicted and punished, more in line with theprinciple of subjective and objective consistent.The fourth part is the case study revelation. The author pointed out that finds extortion,pay attention to a clear boundary points with other crimes, mainly from kidnapping andextortion to explore competing with distinction.