Research On Several Issues Of The Crime Of Extortion

China's "criminal law" the 274 th regulation counts during a straightforward manner of description of crime of extortion,build use of it within the judicial follow during a heap of adverse and polemic problems.This paper discusses some controversies regarding this crime.Paper is split into four parts:The first half is that the troublesome drawback within the constitution of extortion crime.This paper analyzes the troublesome issues within the constitution of the crime of extortion through the shape of the case,such as whether or not the imposition of violence on the spot will become the suggests that of extortion,the judgment customary of the concern of the intimidated and therefore the identification customary of the property loss within the crime of extortion.This paper argues that,Violence on the spot will be a method of felony sin;The judgment customary of the concern science of the intimidated person ought to adopt the particular judgment customary combining subjective and objective aspects,and may not be merely generalized judgment;For the identification of property loss,adopt the judgment customary of the property loss,from the victim's overall property state of affairs to spot,then decide whether or not to satisfy the conditions of property loss within the extortion crime.The second a part of the crime of extortion on the amount of varieties of the prevailing issues to be analyzed.In this paper,the amount of crime varieties of extortion crime is analyzed from 2 aspects: many crime forms and one crime forms.Through the mix with the case to elucidate what quite state of affairs for the felony crime of imagination congruent crime,continuous crime,conversion crime,what quite state of affairs belongs to the crime of felony crime of many forms.The third half is that the distinction between the crime of extortion and extortion.Because of the careless legislation of extortion crime,we want to interpret the crime from the 2 dimensions of theoretical clarification and systematic clarification so as to accurately perceive the characteristic of the kind behavior of the crime.Already from the primary a part of this text content from the attitude of theoretical clarification of the constituent necessities of crime of extortion issues area unit analyzed,principally from the Angle of system to elucidate here,crime of extortion and connected or similar crime boundaries and variations parsing,with exhausting cases to differentiate the boundaries between interpretation of sin,and so on the premise of the analysis of crime of extortion typewritten belongs.The common fraction is that the thought of the character of the abortifacient demand for cash behavior.In real world,there area unit an outsized range of cases of extorting property from others supported bound justifications.For the character of the behavior of extorting cash in these cases,this paper analyzes the rationality,legitimacy and also the boundary between the crime and also the exercise of rights from the attitude of legal code.This paper focuses on 2 sorts of behaviors,"extortion for debt" and "extortion for shopper rights claim",and so analyzes the analysis criteria of the lawmaking of cause-based extortion for cash.