Qualitative Research On The Crime Of Extortion On Petition Rights

Abnormal petitioning behavior(hereinafter referred to as "non-petitioning")refers to the behavior of petitioners who do not follow legal procedures,do not go to designated places or do not report their appeals to the government or put forward suggestions or opinions in a legal way.In this process,the grass-roots government will often agree to the doer's request and give h im a certain amount of property based on the pressure of petition.Due to the existence of "coercion" and "money claim" elements in such cases,the judicial practice and criminal law theory of this behavior is more controversial.From Han Mou petition rights extortion case,Zhao Mou petition rights extortion case,Shi Mou petition rights extortion case,such cases dispute mainly has four aspects,namely,during a visit to the rights and ask the government for property whether satisfy "for the purpose of ill egal possession" subjective important document,non-petitioning the behavior itself can be identified as crime of extortion of "stress",the government could become the object of the crime of extortion,and abnormal petition to the government to ask for property behavior should be convicted of what crime.Through the analysis of different views on these four controversial points and sample cases,it can be seen that the doer has basic rights to ask the government for property when he take abnormal petition,and all of them are for the purpose of safeguarding their own rights,which cannot be evaluated as "illegal possession for the purpose".Actor's visit to the behavior is based on the objective existence of the basic rights activist and the rightness of pu rpose,this kind of behavior is to affect the behavior of the public aid force self-help remedies,because our country is still in the process of implementation of the rule of law,it is unreasonable to forbid private remedy of citizens completely,therefo re,the relief to the doer cannot be evaluated as "coercion" to the government.Due to the inherent nature of the government,the government cannot and should not fall into fear and become the object of the crime of extortion.In the three sample cases,th e doer's non-petitioning to ask for property from the government does not meet the criminal elements of the crime of extortion,so it cannot be defined as the crime of extortion,the doer's behavior has not caused damage to other legal interests,does not constitute other crimes,should be found innocent of this kind of behavior.