The Commentary Of Qu Extortion Case

In recent years,the cases of petitioners extorts government has received great attention from the public,and the conclusion has become the focus of the public and criminal jurist.Whether the petitioners use the petition to threaten the government to obtain property acts guilty or not,whether it found extortion or not,and how to regulation the similar acts,is the similar cases brought about by the question.This paper takes the Qu extortion case as an example,in order to use the petition to threaten the government to obtain the property can found extortion or not as the direction,to focus on the case as a fulcrum,to bring the inspiration for the direction,looks forward to make a little effort to the construction of democracy and rule of law in China.This paper includes four parts in total.The first part,the introduction.This part introduces the research status,research significance and research method of this topic.The second part,the case of Qu extortion outlined.This part introduces the basic situation,the judgment result and the controversial focus of the case,and analyzes the relevant legal norms of the case.The third part,focus analysis of Qu extortion case.First of all,in the means of behavior,the behavior of using petition to threaten the government can be identified as extortion of the threatening behavior or not was analyzed;secondly,in the crime object,whether the government can act as the object of this case was analyzed.Finally,in the subjective purpose,the subjective purpose of Qu was for the rights or illegal possession was analyzed.The fourth part,the revelation from Qu extortion case.Through the analysis of the case,this paper argues that we should distinguish between the act of improper exercise the right of petition and extortion,formulate judicial interpretation to solve the conviction problem of similar case and establish classification mechanism to regulate the similar behavior.