The Qualitative Analysis Of Rope Wealth Behavior For Petition

It is frequently seen that petitioners “blackmail” governments in recent years. In response to such acts, judicial practice handles them differently. Rope Wealth Behavior for petition refers to the act that petitioners, who think their legal rights are infringed or deserved to be met, demand a large amount of property given by governments. The characteristics of the behavior are the specific subject, special object, the reason of behavior and illegal behavior.Four principal points of view about Rope Wealth Behavior for petition have been enumerated so far, including innocence, crime of Defiance and Affray, crime of Extortion and Additive Crime. Innocence holds the view that it is citizens’ legal right to demand property from governments and such act doesn’t constitute a crime. The crime of Defiance and Affray regards such rope wealth behavior as an act to forcibly take or demand public and private property from government organs and should be committed to the crime of Defiance and Affray. Crime of Extortion asserts the act belongs to extortion because petitioners impose pressure on governments through non-normal petition to obtain financial belongings. Additive Crime proposes to add this behavior to crime of coercion for the act is coercive at some extent. The above qualitative explanations of Rope Wealth Behavior for petition are based on their own viewpoints, unavoidably leading to some inadequacy.In order to define Rope Wealth Behavior for petition qualitatively, some theoretical issues should be clarified first, including the definition of threat or coercion in crime of Extortion, illegal possession and forcibly taking or demanding in the crime of Defiance and Affray. As for defining the Rope Wealth Behavior for petition, it should analyze to distinguish different levels of objective acts and subjective attempts. When it comes to a legitimate petition performed by a non-normal petition act to impose pressure on governments to obtain extra property beyond their rights, the means of extorting property probably constitute a crime, although the attempt of demanding property itself is legal. As to extorting property without lawful basis, it can be considered that the attempt of extorting property is illegal. Furthermore, when the petitioners disturb social order and endanger public safety to achieve the attempt of extorting property, the behavior belongs to forcibly taking or demanding thus constitutes to a crime of Defiance and Affray. Meanwhile, this non-normal petition act is consistent to Article 293 in Criminal Law of People’s Republic of China. When the petitioners implement threat to government organs and their staffs’ personal security, the act can be sentenced as crime of Extortion. If the act of extorting property for petition meets the provisions in both crime of Extortion and crime of Defiance and Affray, a heavier punishment shall be taken according to an ideal joint offence theory. Although other petitioners’ petition does not constitute property-related crime, it cannot be excluded the possibility of constituting a crime.