Analysis Of MR Wang And Others Affray And Blackmail Cases

In recent years,the cases of affray dealt with by grass-roots procuratorate are increasing.Among them,except cases of assaulting others,the most part is the coercive demand.The coercive demand enforces people to hand out property with violent ways,involving in violations of the rights of citizenship property.It is similar with blackmail that gains others' property with threat.They are easy to be mixed up.The cases in the judicial decisions relate to affray crime,blackmail crime,and cumulative punishment.Firstly,the essential difference between affray case and blackmail case is Crime constitution.Secondly,the excavation of the criminal component of the crime is different.We should distinguish from subjective intentions,the object of crime and the objective aspects of crime of the elements of the crime.The crime of causing trouble is to satisfy the evil spirits of the bully,while the purpose of extortion is to illegally take possession of another person's property.The law benefit they want to protect is complex object,but the first order of the affray case is the social order,and the first order of the blackmail crime is property rights.The criminal law general said is widely believed the violence degree of blackmail crime is more stronger than affray crime.Thirdly,when the case still can not be qualitative after combining various factors,we can adopt the model of integrating punishments for several crimes and under principle of linking crimes.