On The Criminal Law Regulation Of Improper Petitioning

As a unique social system arrangement,the petition letter has its own attributes.In recent years,national petition cases continue to grow,Local governments at all levels have gradually increased their pressure on visits and maintenance.In articular,improper petition phenomenon in the Petition to the social order of the adverse impact gradually expanded that has become a social harmony and stability hidden trouble.Local governments have issued documents giving an effective blow to improper petition However,there is a big difference in judicial practice with the kind of accusation to appeal to the court.There is a view that petitioning is a civil right that is protected by criminal law.Even if the petition behavior is inappropriate,it should not be regulated by criminal law.There is a view that improper petition is extortion of government agencies.It should be defined as extortion crime.Someone thinks improper petition behavior undermines the social order which is a provocation behavior.At the same time the same improper petition behavior has emerged in different result.There is no uniform standard to measure improper petitioning behavior that is not a permanent cure.This paper defines the improper petition behavior,analyse of the legitimacy of criminal responsibility,analyse the crime of improper petition.The qualitative research on the criminal law of improper petition behavior is carried out.Suggestions are also given.By expanding the interpretation method,the improper petition behavior is interpreted as the crime of affray.