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Extortion Offense To Structure Research

Posted on:2014-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:W T ZhangFull Text:PDF
GTID:2266330401969344Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Crime of Extortion is the action of carrying out violence、threat or intimidate to others with the aim of occupied illegally, or solicit public or private property with a big amount or extorting many times, in which including the behaviour of carrying out threaten, one another comes out the mind of fear, one another handles the property, lead to the result that the doer get the benefit while one another suffer financial loss.The means of Extortion should include behaviour of carrying out violence on the spot, is when the does get the property which the violence can’t hold up the revolt; or while the the violence can hold up the revolt when the doer get the property in the following time. All the behaviour that can cause the fears and make the doer get the property could be the details of threaten of Extortion; Threaten can be realized on the spot or in the future;and also can be enforced by the doer, of course could be realized by the third party.The relation of the others come out the mind of fear and the threaten, or intimidate by the doer should be existing causal relationship. When the doer’s behaviour have the character of threaten or deceive, the identify of doer’s behavioral nature matters the investigates the reason of the others handles out the property is on the account of fear or mistakes; the doer grip of fear will be in the consideration of subjective.The act of disposition is the elements of completion of Extortion in the literal senses, also the elements of unaccomplished crime of Extortion, the establishment of disposition not only lies on the facts of dispose of properties objectively, but also must have the idea of dispose of properties subjectively. That can’t called Extortion while just have the shape of punishment but no true dispose of properties.In classification of property crime, Extortion belongs to Gain Crime, The doer or third party get the property, means the property transferred to the doer or third party by the others, the most remarkable here:the "get" means obtained factuality, not just get the ownership by the doer or third party; the legal interest of Extortion is property right, which’s characteristic is the possessions and property interests. The behaviour of Extortion will not established while the legal interest not violated if there’re no property harm exist.
Keywords/Search Tags:The Crime of Extortion, Behavior structure, Violence, Concurrence, Act of disposition
PDF Full Text Request
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