Study On The Criminal Aspect Of Abnormal Letters And Visits

Abnormal letters and visits refer to the acts or activities of citizens,legal persons,or other organizations that do not follow the statutory procedures,place,or statutory means to report their appeals or make suggestions or opinions during the visit.This paper classifies irregular letters and visits into two categories:rational letters and visits and irrational letters and visits.On the one hand,rational non-normal letters and visits with proper means are rights exercise;on the other hand,unreasonable irregular letters and visits are abuses of rights.There is no justification in the aim of the irrational letters and visits,as long as the behavior conforms to the constitutive elements of the crime,the criminal law can be involved in the regulation;the rational letters and visits has a mixation of the justification in aim but violation of law in action,to a certain extent,the degree of illegality is reduced.Therefore,under the guidance of the principle of equal importance of legal interest protection and human rights protection and the principle on supplementary nature of criminal law,it is necessary to judge the criminal illegality of rational letters and visits in two aspects:the purpose justification and the means appropriateness.If the perpetrator’s visit purpose is not reasonable and the means is not necessary,the criminal law system should be included.However,in practice,there are some unlawful acts of abnormal letters and visits or others which are relatively minor in the degree of illegality,that are also included in the criminal law regulation,some of them are mainly sentenced of crime of extortion,crime of picking quarrels and provoking troubles,and the crime of disturbing the work order of the state organs.This essay holds that the government should not be sentenced of the crime of extortion for requesting or receiving property,because the government can not be the object of extortion,but if the loss of public property is caused and the plot is serious,it may constitute a strong provocation crime.The threaten of the stuff of the government can be decided the crime of extortion,because the action of the abnormal letters and visits can be means of coercion.If the petitioner has the purpose of illegal possession.If the official of the government is threatened by extortion in the case to deal with his own property in a panic of his own position and future,the petitioner should be charged.When we decide the abnormal letters and visits to be the action the crime of disrupting state organs’ work order,we should apply the principle of legal interest protection,and strictly explain the elements and apply it prudently.In addition,if the per:petrator has the purpose of safeguarding rights,he or she can be considered to be appropriately mitigated in sentencing.It is necessary to strictly judge whether there is a hooligan motivation in the decision of judging an abnormal letters and visits to be the crime of picking quarrels and provoking troubles,and usually petitioners have reasons,and there is generally no hooligan motivation,but it may also constitute a non provocable provocation.Sincere suicidal behavior is not enough to disrupt social order.The crime of provocation and disturbance and the crime of disturbing the order of state organs may result in imaginative concurrence and punishment.The most effective way to govern abnormal letters-and visits may not be the way to apply penalty,but to improve the existing legislation and make a series of gradual reforms in the form of existing legislation.First,gradually improve the final mechanism of the abnormal letters and visits from the present stage;secondly,in the long run,referring to the foreign ombudsman system,the letters and visits will be incorporated into the supervision system reform,and our letter and visit system is gradually designed as a complete set of alternative dispute resolution mechanism,and the function of the social "unzip valve" is really played.Finally,the reform can not be achieved overnight.In the current judicial work process,the treatment of abnormal letters and visits should also not be guilty.The main principle is to make a basic consideration in the criminal proof,it is necessary to make a reasonable presumption of the purpose of the actor according to the objective material,and to use the proviso provisions well,so as to guarantee the right of the citizen’s rights of letters and visits in every cases.