Qualitative Research Of Criminal Law On The Petitioning For Money

In recent years,the number of abnormal letters and visits has increased.The petitioner has been identified as the crime of extortion or the crime of picking quarrels and provoking trouble by the judicial organ because of his abnormal petition behavior,which has led to the theoretical and practical discussion on the problems of extortion and extortion of government property by petitioners and the problems of extortion and extortion of government property by petitioners.However,it is still controversial to determine that the act constitutes a crime,especially the qualitative problem of the criminal law.From the perspective of practice,the status quo and existing problems of legislation and judicature on the behavior of petitioning for money are analyzed,and the main viewpoints on the nature of the behavior in the current practice are summarized.For the nature of the petitioning behavior,some people think it constitutes the crime of extortion,some people think it constitutes the crime of picking quarrels and provoking trouble,and some people believe it is innocent.The existing problems mainly include different identification of behavior,unclear subjective purpose and unclear interpretation of related concepts.The act of petitioning for money itself cannot be an act of extortion,but the subjective purpose of the actor can be determined according to other factors such as the existence of the right base and the scope of indemnity.In judging whether an act constitutes a crime,the position of innocence should be maintained.Only under special circumstances can an act constitute a crime.When the doer has carried out a coercive act that seriously infringes on public order in the process of petitioning,which leads to serious circumstances,it can be determined that the act constitutes a crime of coercive seeking for trouble.When the petitioning behavior of seeking money is evaluated as the crime of picking quarrels and provoking troubles,the relevant interpretation of the current criminal law and judicial interpretation should be strictly observed,and the principle of statutory punishment and the principle of modesty of criminal law should be strictly followed.Assessment standards for complaint reporting should be formulated according to local conditions.The quantity and quality of problems solved should be taken as indicators for comprehensive evaluation of complaint reporting work.In addition,abolishing the crime of picking quarrels and provoking troubles is also hasty.At present,the charge should be carefully applied and the crime of picking quarrels and provoking troubles,and we should limit the scope of this crime in order to apply the crime accurately.