| Crime of extortion,as a kind of property crime,there is a greater harm to society.Perpetrators of crime not only infringe upon public or private property and property rights and interests,prevent citizens of free will,moreover may seriously endanger of the citizen's personal rights and interests and social public security.To some extent,crime of extortion of social harmfulness significantly heavier than other general violation of property crime.However,article 274 of the criminal law provisions in the form of simple crimes racketeering sin: "extortion public or private property,relatively large or multiple extortion,shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance,and concurrently or independently be sentenced to a fine;large or there are other serious circumstances,shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years,imposed a fine,the amount is especially huge or other especially serious circumstances,shall be sentenced to fixed-term imprisonment of not less than 10 years,fine." Because our country criminal law about the object of this crime,objective aspect and subjective aspect of some problems is not clear,therefore,in the judicial practice of extortion behavior qualitative has certain difficulty.Especially in the field of property rights are rights form.Articles from four typical reflects the racketeering sin in the general problems in the process of legal application.Respectively from the aspect of criminal law theory,the components of the crime of extortion,such as bullying,object,property disposition,purpose of illegal possession,such as analysis,thus put forward to the human rights field right exercise five criteria of distinguish with extortion,and within the territory of property rights activist behavior and racketeering sin and the sin of theoretical analysis and put forward the corresponding reference opinion to the judicial practice. |
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