Legal Analysis Of Feng Gaidi’s Petition Case

Feng Gaidi ’ s petition case lasted more than ten years and passed three judgments,so that the final judgment in 2019 attracted social attention.Feng ’ s petition case reflects many problems involved in the abnormal petition behavior,which is a typical case of abnormal petition.This case is not a special case.In practice,the phenomenon of abnormal petition has occurred from time to time.However,the theoretical and practical circles have long disputed the nature and treatment of abnormal petition behavior,and have not yet formed a unified point of view.This paper selects Feng ’ s petition case as an example,combined with the current criminal law and the views of scholars to discuss the case and related legal issues,in order to reasonably determine the case,and provide reference for the treatment of similar cases.At the same time,analyze the relevant legislation and judicial problems,explore the root of the problem solving methods,in order to better maintain the order of letters and visits and judicial authority.This paper first elaborates the research background and significance,discusses in depth the regulatory problems of abnormal appeals in judicial practice and the problems caused by them,and summarizes the research status of abnormal petition in China,and introduces the opinions of experts and scholars.Secondly,on the basis of the introduction of Feng ’ s petition case,combined with the views of the prosecution,the judge and the defendant to summarize the dispute focus in this case,including : whether Feng ’ s behavior is a crime,whether it can constitute the crime of extortion or the crime of provocation.On the issue of the crime and innocence of abnormal petition,this paper defines the abnormal petition and divides it into two types : the type of demanding money and the type of disturbing order.It studies the rationality and necessity of regulating abnormal petition by criminal laws and regulations,and then determines that Feng ’ s behavior should be established as a crime according to the case.In terms of whether it can constitute the crime of extortion,two controversial issues in the theoretical circle are analyzed,namely,the identification of the criminal purpose and the object of crime of extortion.Among them,the purpose of illegal possession should be combined with the objective basis of rights and subjective psychology to identify;Due to the special status of government authority,it should not be the object of crime of extortion.Furthermore,it is concluded from the comprehensive case that Feng ’ s behavior does not constitute the crime of extortion.On the issue of whether it can constitute the crime of provocation and provoking trouble,this paper demonstrates that the establishment of the crime of provocation and provoking trouble does not require the existence of subjective criminal motivation,and discusses the identification of the protection of legal interests of this crime,namely social order.On this basis,it reasonably explains the composition of the crime of provocation and provoking trouble.Through the analysis of the case,it is concluded that Feng ’ s behavior can constitute the crime of provocation and provoking trouble.Finally,based on the discussion of the focus of controversy,and in view of the problems of the regulation of abnormal appeals and the frequent occurrence of abnormal appeals,this paper puts forward suggestions on gradual criminalization and legalization of petitions.In view of the social harmfulness of the abnormal petition behavior,it should be moderately criminalized,and the crime of coercion and coercion should be added in legislation to make the abnormal petition behavior reasonably criminalized and make up for the loopholes in the criminal law.To fundamentally solve the abnormal petition behavior,it is necessary to speed up the formulation of the petition law,improve the petition system,and realize the parallel and benign interaction between petition and justice.