Study On The Limitation Of The Crime Of "Blackmail" Type Of Petition

Yan ×?a resident of Runan Office in Ruzhou City,Henan Province,has appealed many times since 2011 to reflect the problem of his son Wuxx's veteran resettlement.After the resettlement problem has been thoroughly solved,Yan × has repeatedly appealed to Beijing on the grounds of claiming for her son's salary and "five social insurances" during her son's resettlement and unemployment period,and her petition costs and the charges for loss of working time totaling 151000 yuan.Finally,Yan ×was sentenced to 2 years and 6 months' imprisonment for "extortion".This judgment has aroused widespread controversy,and the focus of controversy is whether Yan ×'s petition behavior is a legitimate exercise of rights or a criminal act that needs to be included in the criminal regulation.In recent years,a number of petitioners have been convicted of "extortion"petitions in many places throughout China,giving rise to intensive concern and constant controversy in the whole society.The author tries to make a legal analysis of typical cases through case interpretation.Besides,the author makes further analysis of the cases,trying to find out whether it is applicable to regulate the "extortion" petition behavior as a crime of extortion,thus providing some reference and inspiration for the problems encountered in judicial practice,and further promoting the further perfection of criminal legislation and criminal justice.The first part:the basic situation of the case is introduced.This part mainly consists of the brief introduction,the focus and the dispute of the case,in which the basic situation of Yan ×'s case and two opposite opinions on whether it constitutes the crime of extortion are introduced.The second part:taking the crime and non-crime as the starting point,the autho r conducts the research on the theory of rights exercise and extortion from the perspecti ve of criminal law.The problem of how to correctly distinguish the boundary be tween the exercise of rights and the crime of extortion abroad is surveyed,and useful references for China's theory and practice are provided in combination with the relatively mature viewpoints abroad.Besides,by analyzing the relations hip between the free value and the order value of law,a conclusion that the fr ee value should be given priority in the field of criminal law while giving cons ideration to the social order value is reached.The third part:the constitutive conditions in Yan ×'s case are analyzed.In this part,the focus of the case is analyzed from four aspects,starting from the theoretical framework of China's legislation and crime composition,the boundary between the"extortion" petition behavior and the crime of extortion is fully discussed,and the evaluation and analysis are made combining with Yan ×'s case.The fourth part:put forward the regulation of the "blackmail" type of petitionin g behavior.the necessary boundary for the regulation of "extortion" petition beha vior is put forward.A comprehensive evaluation is made with the starting point of treating the behavior of citizens threatening the government and related dep artments by appealing to them differently,and combining with the modesty of c riminal law,the principle of human rights protection and whether the petitioner's appealing behavior objectively has a legitimate basis,etc.The fifth part:conclusion.It is necessary to safeguard the legitimate rights and interests of petitioners who have legitimate grounds and whose behaviors do not exceed the scope of social tolerance.However,it is necessary to crack down on malicious petitioners whose behaviors seriously exceed the scope of social tolerance in accordance with the law.