On The Importunity By Force Behavior Of The Crime Of Creating Disturbances

Importunity of property refers to the severe circumstance that the actor, seeking for mental stimulation under the domination of rogue motivation, takes a cause to public or private property in the form of violence, intimidation. Importunity of property includes two aspects of behavior way and behavior object. As for the behavior way,importunity of property also includes violence and intimidation. The sense of violence in Criminal law that carries out on human body or objects, obstructs human mental freedom and effects on conviction and sentencing refers to the illegal enforcement or force. In the crime of provocation, importunity of property is coercive force,regardless of direct arbitrary force or indirect arbitrary force. The essential characteristics about importunity of property are that victims hand over the property to the actor, for physical or psychology was coerced by the force and freedom is limited. And there is no need to set the upper limit to the violent degree of the importunity of property in the crime of provocation. The violent degree should not be confined to no harm, minor injury, serious injury and even death result in either, but includes all the damage. Specific circumstances appears the crime of provocation and other crimes in the same time, in accordance with the specific violations of law" Imposition of the Most Severe of the Punishments ". On the degree of stress is not strong, and content and form is not mandatory standards, as long as it can make the victim fear. Strong and stubbornly stress with some other ways of stress are the same both realistic stress and the stress in the future. Strong and stubbornly behavior of the object can be contraband, network virtual property funds, real estate, intangible property, stolen goods and illegal property, property interests, except for intellectual property, actor’s own property. Finally, from making the comparison and analysis about the importunity of property in the crime of provocation, in "Law of Punishments in Public Order and Security Administration”, and robbery and extortion behavior in criminal law, we can make a identification for the importunity of property in the crime of provocation.