The Question That The Act Of Petitio For Money Constitutes The Crime Of Extortion

In recent years,the petitioners "blackmail the government" and have been convicted by the judicial organs of racketeering crime has been constantly hyped up by the media,attracting people's attention.It seems that the crime of extortion to regulate the act of petition has become the regular operation of government interest visits.However,there are still many controversies in academic and trial practice that the crime of petition has been finalised as racketeering.The act of Petition money is that the complainant seeks compensation from the government under the pressure of petition or asks the government to meet its requirements,in which the main body of the Act is more special,the object of the behavior is special and the purpose of the petition is worthy of our discussion.By analyzing the characteristics of the money behavior of the petition,and analyzing three typical cases,this paper summarizes the current controversial focus of the behavior: is the act of petition a threat or blackmail behavior? Can local governments or departments be the object of the crime of extortion? Does the act of petition for money have the purpose of illegal possession? The theory of qualitative interpretation of petition and financial behavior can be summed up in the following two categories: the crime of racketeering must be said,the crime of racketeering denied.The crime of racketeering must say: The complainant threatened the petition,forced the government organ to pay the property to him or meet its requirements,and its behavior satisfies the criminal constitution of the crime of extortion.The negative view holds that it is not a crime to think that the petition is the act of citizens exercising their legal rights."Definitely say" the point of discussion is too one-sided existence is not enough,the determination of the crime of racketeering is too one-sided.The standard supports the view of "negative saying" and demonstrates it in the text.It is on the surface that the crime of petition is recognized as the crime of extortion,but it does not analyze the criminal constitution of racketeering,and deviates from the legislative purpose.In order to analyze the subjective purpose and objective behavior of the crime of racketeering,the first petition behavior can not be evaluated as blackmail or threatening behavior,and secondly,the object of the behavior is the government,notthe suitable subject of racketeering crime,and as the representative of public power,it is not possible to fall into fear because of the petition behavior of the complainant.Finally,the Sao of the complainant does not have the subjective "illegal possession purpose",and his money to the government also has the support of laws and regulations,and has the legitimacy.Therefore,it is wrong to identify the crime of petition and money as racketeering in judicial practice,which violates the basic principle of the legality of crime and punishment.