Research On The Issue Of Criminal Characterization Of Improper Petitioning Behavior

In China,petitioning is the most common way for the people to defend their rights.However,in recent years,petitioning cases in China have been increasing.Local administrative organs at all levels have gradually increased the pressure to control petitioning and maintain social stability.Among them,the most prominent It is the inappropriate petitioning behaviors that emerged from the masses in the process of petitioning.These behaviors have brought many adverse effects on social order,and have even become a hidden danger that threatens social harmony and tranquility.At this stage,in order to control improper petitions,administrative agencies and judicial agencies tend to use criminal law to regulate these acts.In judicial practice,crimes of extortion,provocation,crimes of congregation,disturbance of public affairs,etc.To characterize improper petitions,and there is an increasing tendency to use criminal law widely.China's relevant laws and regulations governing letters and visits are not complete,which has led to an endless stream of improper petitions,and relevant authorities cannot find a basis for solving problems.In practice,when lighter administrative penalties are used to regulate,improper petitions The problem is generally not cured.In the end,the judiciary will use criminal law to regulate a large number of improper petitions,which will easily cause the "abuse" of criminal law.Of course,in practice,in addition to regulating the severe punishment of improper petitions by the judicial organs,the improper petitions also need to be regulated.Both sides require relevant agencies to take measures to regulate them.Behavioral issues need to be addressed.Now,we need to analyze the qualitative analysis of the petition behaviors in China at the current stage of the relevant statutory regulations on petitions and judicial practice,and then put forward suggestions that need to be improved.First of all,we must improve the level of the criminal legal system.We can expand the interpretation of some crimes to regulate inappropriate petitions,and we need to divide the boundary between crime and non-crime to regulate the punishment of judiciary.Secondly,at the level of judicial practice,it is necessary to adhere to case analysis as much as possible.When criminal penalties are used to regulate improper petitions,non-custodial sentences can be used more often.Sentencing standards must be strictly controlled when penalties are imposed.Finally,the judiciary should use crowd-disruptive crimes as much as possible to characterize improper petitions,but the judiciary also needs to strictly divide the sentencing standards.