The Extortion Of "part Of The Amount Has Not Been Won" Penalty Applies To The Study

The crime of extortion as a property crime,in the market economy-based society is a common type of crime.The development of the theory of the penalty application after the crime is also varied,which includes the“part of the amount of attempted”form of the application of the penalty,and there is little research on it.This paper is divided into three parts.The first chapter begins with three typical cases,form which to extract the differences and the focus of controversy.It is concluded that the focus of controversy in these cases is three.They are“part of the amount of attempted”of extortion how to determine the amount is not clear;how to evaluate the case of crime accomplishment and attempted blackmail and impose exaction on concurrence;the impact of the whole case sentencing vague.The second chapter combines the problems related to the crime of blackmail and impose exaction on combing he legal analysis of the cases.Combing the scope to include “part of the amount of attempted”of extortion in the determination of the amount of crime,the evaluation of criminal form,how to sentencing and so on.Based on the analysis of the controversial issues,combined with the cases,one by one of the legal analysis and conclusions.The third chapter is the last part,through the“part of the amount of attempted”of extortion summed up the case,combined with judicial practice to provide inspiration and development direction.For the“part of the amount of attempted”of extortion the amount of type to judge,the heavier sentence of thinking and sentencing on the cumulative view of advocacy.Through the legal analysis and the revelation of the proposed,when thesituation that“part of the amount of attempted”of extortion appears I expect to put forward for more reasonable reference to deal with its.Make a contribution to the construction of rule of law in China.