Reconstruction Of The Judicial Cognizance Standard Guided By Social Equivalence Theory Of The Crime Of Extortion

The crime of extortion is a kind of delivery property crime stipulated in our country's criminal law.With the rapid development of social economy,property interest disputes among people are more and more frequent,and atypical extortion behavior emerges gradually,which puts forward new requirements for correctly interprets the essential connotation of extortion crime and the unified standard of criminal identification.However,in view of the fact that our criminal law stipulates the simple accusation of extortion and the trend of formalization of academic interpretation,it leads to a vague situation of understanding and identifying this crime.So that in practice,some of the behavior that does not achieve criminal punishment,or even reasonable rights claims,is wrongly placed within the scope of the crime of extortion.From the perspective of using improper rights,this paper insists on the position of substantive interpretation,and attempts to make a substantial interpretation of the criminal identification of the crime of extortion through the judgment of social equivalence and the judgment of equivalence of constitutive elements.Firstly,this paper analyzes the problems existing in the practical application of the existing standards for the crime of extortion.Through the detailed analysis of the existing legal basis,it is found that the existing standard of identification is difficult to apply.The formalization of interpretation,the found that there are many problems in the existing legal interpretation.The formalization of interpretation,the inconsistency of standards,the absence of authoritative interpretation of substantive connotation,The appearance of many problems in the crime of extortion eventually leads to the judicial confusion of the criminal identification of extortion for the improper exercise of rights in judicial practice.In view of the ambiguity and inconsistency of the existing judicial cognizance standard of the crime of extortion,first we makes a traditional interpretation of the constitutive elements of this crime.Review and analyze the judicial cognizance of the subject,subjective,object and objective aspects of the crime of extortion.And analyzes the behavior structure of this crime,so as to understand the original meaning and essence of the crime.Compared with the existing standards of the crime of extortion,on the basis of the constitutive elements of this crime,the author introduces the theory of social equivalence.In order to prove the feasibility of the introduction of the theory of social equivalence,the author analyzes the advantages and disadvantages of the judicial determination under the guidance of this theory.The standard of judicial recognition based on this theory is not only in line with public opinion,but also in conformity with the universal values of society.And can realize a kind of more reasonable substantive explanation on the basis of the original form interpretation.This provides an effective path for the realization of fairness and justice in individual cases.Therefore,under the guidance of the theory and combining with the traditional constitutive elements,this paper attempts to explore a more reasonable judicial standard of the crime of extortion in the field of individual right maintenance.On the basis of the principle of the legality of crime and punishment,the elements of the crime of extortion are combined with the theory of social equivalence.Based on whether the scope of rights corresponding to the basic facts of tort is determined as the starting point,the author makes a deep analysis of the subjective illegal possession by comparing the amount of claim with the loss of tort,and analyzing the equivalence with the constitutive elements.At the same time,combining with the legal permission of objective means,direct relevance and social equivalence,the author distinguishes whether the means of safeguarding rights are legitimate or not,and comprehensively analyzes the subjective purpose of the actors under different rights scope and different situations of safeguarding rights.On the basis of excluding the legal means and the general illegal means,the author analyzes the equivalence of the right exercise means and determines whether they belong to the threatening behavior in the sense of extortion.Finally,in accordance with the principle of subjective and objective criminal judicial recognition,this paper makes a comprehensive analysis of the subjective purpose and objective means of the exercise of rights.Classifying and summarizing the conclusion of the crime of extortion under the exercise of rights.Classifying and summarizing the conclusion of the crime of extortion under the exercise of rights.It is hoped that such new standard will exclude "social equivalence“and extortion which are not socially comparable but not criminally punishable from the criminal circle.