Study On The Problem Of Extortion Judicial Practice

To safeguard their own lawful rights and interests in general,the behavior will not constitute a crime,but in real life,the behavior of the citizens exercise their rights may sometimes have the extrinsic manifestation of crime of extortion,especially in recent years there have been some society with legal rights representation,it is a new type of blackmail behavior.At present,the common practice in the domestic judicial field is to deal with the cases according to the case characteristics,which leads to the phenomenon of "same case different judgment".On the issue of extortion and extortion,not only the judicial practice of judicial practice is different,but also the theoretical circle has many controversies.All kinds of disputes and differences in the direct reason for this is that in China,the criminal law on the crime of extortion is simple crimes,it is for this crime constitution explanation left a large space,different evaluation subject of "sin" or "innocent" poles of the conclusion.in fact,the results of the different interpretation of crime of extortion,basically reflect the value of criminal law,the punishment between deep problems,such as different positions and opinions.To safeguard their own lawful rights and interests in general,the behavior will not constitute a crime,but in real life,the behavior of the citizens exercise their rights may sometimes have the extrinsic manifestation of crime of extortion,especially in recent years there have been some society with legal rights representation,it is a new type of blackmail blackmail.At present,the common practice in the domestic judicial field is to deal with the cases according to the case characteristics,which leads to the phenomenon of "similar cases".On the issue of extortion and extortion,not only the judicial practice of judicial practice is different,but also the theoretical circle has many controversies.Main reason is that all kinds of disputes and differences in China,the criminal law on the crime of extortion is simple crimes,it is for this crime crime constitution explanation left a large space,different evaluation subject will draw a "sin" or "not" poles of the conclusion,we look from the surface because the results of the different interpretation of crime of extortion,but its basically reflects the relationship of value of criminal law,the punishment people deep problems,such as different positions and opinions.In combination with real cases encountered in the judicial practice,as well as the relevant theories of domestic and foreign blackmail crime,on the extortion behavior problems "into",we should adhere to the principle of the unity of subjective and objective,we must first to have a clear definition of extortion behavior means,from the right Angle to the legitimacy of standard accurate judgment;Secondly,the direct causality between the fear of the victim and the behavior of disposing property is also an important factor to evaluate the crime.Meanwhile,for huge claims arising from the social life,we can't split the link between things,only because of the amount of the claim work that the offender has the purpose of illegal possession,subjective and be included in the category of criminal law regulation.