Research On The Evaluation Of Criminal Law On Abnormal Petitioning Behavior

Abnormal petitioning behavior refers to the behavior that petitioners violate the provisions of the regulations on petition and other normative documents in the process of petitioning,fail to comply with the statutory petition procedures,express appeals to nonpetitioning reception places or commit criminal activities.Combining the relevant criminal judgments and behavioral performance in practice with abnormal petitioning behaviors,the abnormal petitioning behaviors are divided into two types of demanding property types and non-requesting property types according to the behavior mode.In recent years,more and more abnormal petitions have been brought into the criminal law system in judicial practice,which is controversial in the theoretical circle.The main crimes involved are crime of extortion,crime of provocation and crime of disturbing the working order of state organs.This paper focuses on the criminal law evaluation of the abnormal petition behavior of asking for property and non-requesting property.It discusses the possibility of identifying the crime of extortion with the behavior of asking for property,the feasibility of identifying the crime of provocation with the behavior of asking for property,the rationality of identifying the crime of provocation with the behavior of asking for property,and the determination of disturbing the work of state organs with the behavior of asking for property.This paper is discussed and analyzed in combination with the constitutive requirements of the specific crime and the relevant case facts.Regarding the possibility of identifying property extortion as a crime of extortion,the government cannot be the object of the crime of extortion because the act of extorting property does not belong to the threat and coercion of extortion.Therefore,only when a government staff is forced to give his property to an illegal petitioner under the pressure,the extortion is found to be a crime of extortion.Regarding the feasibility of identifying the crime of provocation and nuisance by asking for property,the government as a public authority cannot be forced by citizens,even if the abnormal petitioner has motive,it is not feasible to identify the behavior as crime of provocation.Only when a government staff is forced to deliver his belongings to an irregular petitioner with rogue motives and relevant legal interests,it is feasible to find the act of asking for property as a crime of provocation.Regarding the appropriateness of identifying the behavior of non-requesting property as the crime of disturbing the work order of the state organs,the abnormal petitioners usually don't cause severe impact on the state organs.Because of the difference between administrative and criminal illegal nature,administrative punishment should be applied dialectically.Therefore,there is a narrow scope for the crime of disrupting the work order of state organs to identify non-requesting property behavior,which is only appropriate in special circumstances.