A Study On The Criminal Regulation Of Abnormal Petition

The petition system was established in the early days of the People's Republic of China and has a long history.After decades of development,in Contemporary China has become an important channel for citizens to appeal to the state organs.In practice,the common ways of petition,mainly online petition and petition department visit two forms.In the process of petition activities,there is not in accordance with the legal form,legal procedures,not in the legal place,or make other illegal acts of the form of petition,this form is called abnormal petition.According to the nature of the behavior involved in the abnormal petition,it can be further divided into two types: the complaint and the money-seeking abnormal petition.In order to avoid the social harm caused by the two kinds of abnormal petition behavior,the Administrative Law and criminal law are adopted in practice.Among them,the administrative laws and regulations define the abnormal petition behavior,and punish it by means of dissuading,educating,warning and detaining.When the effect of administrative measures is not good,criminal measures as a last resort,through conviction and sentencing to shock the abnormal petition behavior,thus achieving the effect of General Prevention and Special Prevention of Criminal Law.A total of 157 samples of abnormal petition cases were found on the judgment documents web search for reasons for letters and visits,criminal cases and criminal cases,covering the period from April 19,2019,to October 31,2019.From the sample situation,the most common crimes applied to the abnormal petition in judicial practice are the crime of picking quarrels and provoking trouble,the crime of extortion and the crime of disturbing the work order of the state organs.From the sentencing situation,the majority of cases applied to fixed-term imprisonment,the application of criminal detention is very small.The sample situation also reflects a number of problems.First,the crime of extortion and disrupting the work of state organs lack of judicial interpretation,the scope of application is not clear.The second is to coerce the government to obtain property behavior.In practice,judgments are controversial.Third,judging from the overall data,the penalty for theabnormal petition behavior is too heavy,and different penalties are applied unevenly.In order to further standardize the conviction and sentencing of abnormal petition and avoid the above-mentioned problems,we should first reasonably explain the disputed charges and sort out its criminal composition.Secondly,we should pay attention to the mitigation and standardization of punishment,reasonably apply the circumstances of sentencing,and improve the applicable rate of probation and single fine.Considering that letters and visits are a whole work,measures should be taken to solve the problem of irregular visits.The first is to strengthen the problem-solving mechanism of the petition system itself.Through the establishment of the rule of law ideas,adhere to the problem-oriented,improve the assessment system to tap the petition system itself in response to abnormal petition cases of potential.The second is to further develop the regulatory role of Administrative Law.Innovating the means of criticism and education to improve the work effect.At the same time,we should change the previous practice of only paying attention to admonition and ignoring warning,and increase the application of the warning punishment.Finally,we should actively establish the concept of punishment of modesty.Carry out the criminal policy of temper justice with mercy and promote judicial justice.