Study On The Problems Of Extortion

Extortion is a kind of crime that has a high crime rate in current Chinese society, it isin violation of property rights of the victim also violates the personal right of thevictim.The harm of it is higher than crimes that infringe property rights only such astheft, robbery.In order to punish the criminal, the supreme people’s court and thesupreme people’s procuratorate in April2013passed on the paper that Interpretation ofthe applicable law in criminal cases handled extortion Issues hereinafter be called"judicial interpretation of extortion")."judicial interpretation of extortion"perfectconviction on extortion amount of standard, meaning multiple racketeering and otherissues judicial practice and has played a guiding role for judicial practice, but otherimportant issues such as the crime constitution of extortion, consummatedform,aggravated criminal are still not clear. At the same time, the criminal theorists andpractitioners have different opinions on these issues, making the lack of uniformity inthe administration of justice in the face of the complicated cases, the judgment resultsto differ materially. This article will focus on these difficult issues of justice andcontroversial theoretical perspective, by analyzing typical cases, clear understandingand application of the law of extortion sin. First, extortion is easily confused withrobbery by violence as a means. To distinguish between the two would make it clearthat whether the crime constitute of extortion contain violence, the degree of violence,and so on. To this, the author believe, extortion crime should not contain violence andthe threat of violence that make people fear. That means, the behavior should beattributed to robbery as long as the actor using above means in the process of the crimeto make the victim to deliver property. Secondly, for the boundaries between extortionand fraud contains both intimidation and deception, I believe that,in addition to theinfringement of the property rights, the former also violated the freedom of the will.That is to say, this victim has a non-voluntary delivery, contrasting with the later onewhich the victim was " voluntary " delivery of the property. Again," extortion judicialinterpretation "is not clear the meaning of "multiple extortion ",I think, for thecognizance of " repeatedly " should consider a various of factors. Then, for theconsummated form of this crime, the author thinks that the main object of this crime isvictim ’s property right, the delivered of the property should be the singe of the crime’sconsummated. Based on the research of the above problems, not only conducive to judicial work of extortion, in favor of rational conviction and sentencing of theperpetrator, but also conducive to implement the principles and justice of criminal law.