On The Crime Of Extortion

Blackmail is a kind of crime which is very harmful and happening frequently in the society. There are a lot of differences in the theoretical and practical circles. For example, the concept of blackmail, the constitutive elements of crime and the penalty for blackmail. The essence of blackmail is the crime of property violation. Theoretically, the object of blackmail is a complicated one, that is, title to property and personal right or other rights. The criminal targets of blackmail are public or private property and property interests. There are two objective aspects of the blackmail. One is forcing victim provided property or property interests by means of threaten, the other is to own other persons'property illegally. The subject of blackmail is general subject. If blackmail is the unit organized, it's still penalized as natural person. The subjective aspect of blackmail is direct intent. The standard of blackmail is not only"large amount"but also"three times of blackmail in a year". Generally, exercising rights by means of threaten don't have to penalize. But if the amount exceeded the right and was too large, it should be affirmed as blackmail. The other serious circumstances of blackmail should be interpreted definitely. The highest statutory punishment of blackmail should be raised and should add pecuniary penalty to the statutory punishment.