Study On The Several Controversial Issues Of Extortion

From the theory of traditional Criminal laws,the crime of extortion was defined as,adoption of behaviors of threat or coerce to obtain public or private property with motivation of illegal possession,and violence was excluded from the behaviors.Currently,the definition of crime of extortion in China’s Criminal Laws is too simplified and without detailed behavior mode definition in the articles of the law.Hence,the study of whether violence behaviors could constitute crime of extortion is worthwhile.This article started with the actual case of Dafeng District,Yancheng City,integrated with the controversial issues,and reference the penal code of other countries,studied and obtained the conclusion that violence behavior could be the behavioral pattern of criminal of extortion,and with the result of property illegally possessed at the crime scene.However,to distinguish from the crime of pillage,the degree of the violence behavior shall not be enough to restrict the defense behavior of the victim.For the case of possess the property later after violence behavior performed,the degree of the violence behavior could be enough to restrict the defense behavior of the victim.And the definition of the behavior should be based on the consequence caused by the violence behavior.Furthermore,for the issue of judgement on crime or non-crime,it should be judged through the "justification of the purpose,and the"Legitimacy of the means",which is,whether the behavior constitute a crime or not should be judged based on whether the behavior for possession of the property of the perpetrator was legal and whether the means to possess the property exceeded the tolerance of the public.