The Research On The Diiffcult Issues Of Extortion

The crime of extortion is a type of property crime in our social activities, whichoccurs with greater frequency and has worse influence on the whole country. Thereexist debatable points in the judicial determination no matter in the theoreticalresearch or juridical practice. Criminal law does not explicitly stipulate the difficultproblems considering the stability of law, which brings a lot of troubles to legalworkers. Based upon the legislative and judicial status, this article is trying to analyzesome difficult problems and define boundary about extortion. I hope this article willprovide some opinions for the fundamental research and judicial practice.This article is divided into four parts to express:In the beginning, it illustrates three hugely controversial cases. By putting thesecases, the article points out the current legal problems on the judicial determination.Part two: the identification of crime of extortion. Since the founding of newChina, our criminal law has been amended for several times. In this part, the authoranalyzes the most controversial problems about constitution of extortion and putforward some opinions. The criminal object of extortion includes not only propertyright but also personal right. As to objective aspect, the threat or coerce method whichthe doer takes must in positive way, but not to utterly suppress victim’s resistance.The information which given to victim is not necessarily true. The delivery act is thelink between acquisition and loss. Although criminal law does not explicitly stipulatethat the purpose of illegal possession in the provision, it is important to judge if thebehavior infringe the criminal object and commit crime.Part three: the confusion in judicial process. The author believes that citizenssafeguard legal rights or petition government in threat or coerce method can not bejudged by extortion. The crime constitution theory should be taken as main criterionto distinct extortion from other similar crimes. To judge if the extortion behavior iscompleted, there are two factors. On the one hand, damage extent to primary objectshould be taken into consideration. On the other hand, whether the dangerous behavior conforms to the crime constitution is a critical criterion. When a behaviorinfringes the primary object and conforms to the crime constitution of extortion, it canbe believed that the behavior commit extortion.Part four: legislative shortage and perfection on extortion. Firstly, arrangingextortion into the crime of property violation is reasonable because extortion’s crimeobject mainly refers to property right. Besides, this accusation has already agreed bythe public, there is no need to revise it. When the public authority is violated and thecontent of threat is illegal, the author suggest that add a new “crime of coerce” tocriminal law. Secondly, previous behavior of transitional robbery crime can commitlarceny, fraud and forcible seizure; however, it also could commit extortion. Bothextortion and common robbery infringe property right and take similar illegal method.Putting extortion into the previous behavior of transitional robbery crime issignificant to judicial practice.In this paper, the author deeply knows that several opinions need to be furtherstudied. It is a great honor if the paper is useful to theoretical research and juridicalpractice.