A Study On The Limits Of Improper Appeal Forms And Extortion

In recent years,repeatedly appeared in the petitioners in reflecting the demands of the process of misconduct,and the local judiciary found that the crime of extortion,and the Department of punishment.What is more,for the so-called "stability needs",there are some local governments will take "fishing law enforcement" means to induce petitioners to accept property,and then through the judiciary to extortion,criminal punishment.Thus,aroused widespread social concern and controversy.Do the petitioners meet their own interests,and the use of improper petition behavior,whether the criminal sense of social harm,whether the government can become extortion victims,improper petition can become extortion acts,whether it is consistent with extortion crime elements The In this regard,I try to use a typical case to sort out the relevant issues in order to look forward to the theoretical clarification of the behavior of such acts,to solve these problems to provide some humble opinion,so as to maintain the "People's Republic of China Criminal Law" applicable unity,And better protect the legitimate rights and interests of citizens.This paper analyzes whether the "improper petition" constitutes a crime of extortion through the analysis of the case of the "extortion of the government" in the judicial case,which has not yet reached a unified view in the theoretical and judicial practice circles of our country.More controversial issues,in order to explore the answer to the crime of crime and crime,the author by enumerating the two different views and cases and analysis,put forward their own ideas.To clarify the government should not be identified as extortion of the victims,from the extortion of the constituent elements identified on the one by one analysis,revealing the subjective demands of extortion must have the purpose of illegal possession,extortion means both illegal,but also to a specific victim Resulting in inner fear,and thus the freedom of the victim's meaning by the spirit of the mandatory,according to the extortion of the will of the person to deliver their property.And then come to the conclusion thatimproper petition should not be considered as extortion.The author makes an analysis and demonstration of the common misconduct in the field of citizens' petition and activism.It is necessary to use other crimes in the existing criminal law system if it is not possible to apply for improper petition.