Judicial Identification Extortion

Crime of Extortion is a kind of crime of property, often happening in our current social life in china.Although the Amendment VIII to the Criminal Law of2011revised Article274and added some new provision, it can be said to have achieved great progress. However, the provisions of the Criminal Law on the Crime of Extortion are too simple, so that I think we should make some discussions and give the theoretical support for the Crime of Extortion on conviction and sentencing.Hereby, the thesis is divided into three parts,In the first part, it talks about the overview on Crime of Extortion, analyzing the previous changes and the characteristics of concepts of Crime of Extortion from the history and current situation of legislation.In the second part, it discusses the identification of the nature of Crime of Extortion. It analyses the theories easy to cause divergences from four constitutive requirements. And then the author tries to indentify the following divergences; the problems of the general theories of criminal object; whether the violence could become the means of Crime of Extortion; the identification of Crime of Extortion after extortions; the behaviors to blackmail government and so on.In the third part, the Amendment VIII to the Criminal Law analyses the judicial identification of the sentencing circumstances added to the Crime of Extortion. On one aspect, it discusses the amount of blackmail and the accomplished and attempted crime and puts forward the operational points of view; on the other aspect, it separately identifies in accordance of serious circumstances and other especially serious ones.