Study On The Suspected Criminal Cases Of Property Claiming Letters And Visits

Letters and visits are a unique means of national governance in China and naturally have the attributes of rule by man.In China,which is now vigorously promoting the rule of law,the letters and visits system gradually reflects the situation that is incompatible with the rule of law,appearing many abnormal visit events.The abnormal visitors have no real letters and visits facts or reasonable and legitimate reasons for letters and visits,do not follow the legal procedures,and do not report the appeal to the state organs in the designated place or in the statutory manner.It undermines the legal system of letters and visits and undermines the interests of the state,society,and the collective and the legitimate rights of other citizens.In recent years,it has become increasingly fierce.It is imperative to use criminal means to crack down on abnormal visits.Most of the letter-writers and visitors sought help from state organs because their rights were violated.They are vulnerable groups in front of state organs.When applying the criminal law,the state should stay rational,adhere to the principle of legality,use the constitution of crimes as the sole criterion for judging crime and non-crime,this crime and other crimes,and strictly distinguish the constitutive elements of relevant crimes.It should apply appropriate punishment to criminals,never treat anyone unjustly nor give him indulgence.Jiang in Jiangxi was convicted of picking quarrels and provoking troubles because of visiting for the treatment cost of contraception legacy and for his son's work issue.Li in Xinjiang was sentenced to disturbing the working order of state organs as he visited and asked the people's court to compensate for economic and spirit losses.Chen in Hebei was found guilty of extortion in the first trial and acquitted in retrial as a result of the request to solve the professional title appraisal,bonus distribution and other issues.These are all visits for the purpose of claiming property interests with common characteristics.However,the judiciary's understanding of crimes and non-crimes,this crime and other crimes are not consistent,reflecting the different attitudes of different judicial officers towards visits for property claiming.Abnormal visits are sometimes identified as extortion.State organs are organs of power that implement a democratic centralized working mechanism.They are different from natural persons and cannot be the object of extortion.Property claiming Letters and visits is to ask the state organs or their staff for property interests and it is easy to violate the crime of pickingquarrels and provoking troubles.When it is affirmed that the importunity is serious,the situation should be comprehensively judged according to various factors.The state should both manage the letters and visits by law and protect human rights.