Research On The Controversial Issue Of The Crime Of Extortion

The crime of racketeering takes the simple crime in the provisions of the criminal law of our country,leading to the practice of changeable racketeering behaviors can be covered by the crime,but also causes the crime misused,abused often in common circumstances.This is undoubtedly related to the complexity of extortion itself,but the lack of in-depth discussion in theory and the difficulty of theory to guide practice are also the important causes of this situation.This paper discusses three controversial issues in theory and practice in order to guide practice correctly.The first part is the theory of "property interest" of the crime of extortion.Firstly,by comparing the domestic and foreign theoretical disputes on the scope of "property",which in order to analyzed that which property interests should be contained in the crime of extortion "property" so that it can be in line with the current provisions of the criminal law and practical needs.Secondly,the objects of the property interests which can be included in the crime of extortion ought to be limited and defined.In other way,through the introduction of the case analysis,such as gambling debt,sexual services and other illegal property interests,whether or not,can take the role of the crime of racketeering and make a clear definition of it.The second part is the debate on the relations between the crime of extortion and the crime of robbery.As two types of property crimes in China,there are many controversial points in both theoretical and practical circles,especially the distinctions between them.Most of the traditional distinctions are based on the relationship between the concurrence of law articles and the mutual exclusion of law articles.As they are mainly derived from the summary of the experience,they lack the dominant legal basis and fail to point out the separation between the two crimes fundamentally.Therefore,they have been criticized and questioned more and more in recent years.On the basis of sorting out and analyzing the above criteria,this paper differentiates that according to the degree of which the victim loses the freedom of punishment.The third part is the debate on the boundary between the crime of extortion and the crime of forced transaction.It is doubtful whether the crime of extortion or the crime of forced transaction should be decided in the case of illegally obtaining others' property under the guise of trading.Based on case of problems,analyzing the disputes of the case,according to our country's criminal law theory and the practical level of the two crimes distinctions,two crimes are discussed.From the analysis on the components of the two crimes can that tell the reason for why they cannot be qualified.Finally from the purposes of methods behaviors and whether there is a substantial trading as factors,definitely will it take accurate differences between two crimes.