New Views Over Crime Of Extortion Construction And Cognizance

Criminal law theory circles generally consider that primary object of the crime of extortion is public and private poverty ownership. Secondary object is personal rights and other rights which determined by the special criminal means of this crime. The article plan to construct primary object's value sequence on the base of animadverting the common theory and have a new cognition to the secondary object of crime of extortion. Concentrate on it to review the criminal's construction and cognizance at the same time.The main body of the article is divided into three chapters.Chapter I analysis and reconstructs this crime's primary object and secondary object and consider that the criminal object can be divided into possess with the right and the unpossessed without the right and two possessions in deed including two kind of possessions that nobody has the right and former oblige has the right. The primary object of this crime which can be divided into three sequences in turn and fill vacancies in the proper order. This crime don't protect the latter objects confronting with the anterior one and that is where legitimate gist lies in practicing property right by menace means. The criminal's secondary object is freedom decided by idea in personal freedom decided by common criminal means and illuminating different function of the criminal's secondary object by discriminating the crime and crime of extortion , crime of robbery.Chapter II unscramble the secondary object of this crime newly in the section and consider basic character of the crime menace acts is that menace degree can't deprive the victim of freedom decided by idea. The victims dread or not have nothing to do with the establishment of this crime but which has a direct relation to whether the crime being accomplished. The crime with diplex object can be accomplishment only the primary and secondary object all being encroached. However only the menace acts make victim having dread have a invasion to the crime's secondary object.Chapter III reviews the ambit between the crime and putting poverty right into exertion which can be divided into two kinds, practice material right and practice debt right by menace means and consumer's vindicating rights belongs to the latter. Conclusions can be made as follow that actor aims at practicing poverty right withinhis scope of poverty right by using menace means considerably without encroaching the crime object won't lead to poverty damage, so the crime is not established at such instance.