Study Of The Problems Of Extortion

Extortion is the occurrence a higher type of the frequency property crime in the our country social activities, but all exists a certain difficulty to the research and defines that extortions offense regardless and theoretically still in the judicial actual situation. Therefore promote the fair justice have important theories and practice meaning towards resolving an actual problem with towards extortion the research that the offense carries on system. Because space limit, this text mainly practices to win to definition a not explicit place to launch treatise towards extortion to affirm win of dispute and it to judicatory, hereby explaining.The article is about 35,000 words, dividing four parts to express:Part one:The history origin and development, foreign lawmaking guideline and concept that extortion offense differentiate and analyze. Extortion to commit crime not modem penal code possess singly, as early as Xi-zhou period our country the law will soon extort behavior to list as a crime, just the criminal charges rule and do not fulfil a homology. Go to lately Chinese, its criminal charges is end after extorting a crime through many modification is settle for"extortion" and follow to use up to now. But have a dissimilarity on the top of the description and legal penal importance of the name, articles of the criminal charges.Part two: The criminal offense constitutes of Extortion. The objective aspect in this offense, can constitute this offense for under the circumstance that carries out violence there and then, the great majority lawmaking example of the common law all has no explicit provision to this, our most scholars of the penal code field think the threat method of this offense limitted basically, including to use there and then slightly violence threat victim to hand over a wealth and properties in the days to come. The standard key is the subjective purpose that sees behavior a person, if behavior the person mainly continues to carry out violence to threaten mutually in the days to come or the violence threat victim hand over a wealth and properties in the days to come, using there and then of the violence just has to threaten the similar threat function mutually by violence, then should constitute to extortion.In extortion the quantity of the offense to affirm standard, the law provision and say that also thinking extortion male and private wealth and properties quantity is bigger then can offense. Because although this offense return into the property crime, infringe upon of the guest body include the property right and the Human body right, it is more pure to infringe upon the property crime bane of[with] the property right greatly. For bane opposite smaller thieves and burglars behaviors all have this kind of provision, is opposite and bigger to extortion behavior to the bane, but the penal code have no as to it's make a provision, there in no say to be a loophole.Suggest will extortion the subjective aspect of the offense in of'with illegal occupy for purpose" express for"with illegal benefit or cause to lose for purpose", so can"illegal obtain others property, property right or request others to carry out the behavior of other properties property" etc. the circumstance bag among them.Part three: Affirm problem of extortion in the fulfillment. Mainly is and practice to win to usually confuse of rob offense,extort a type to kidnap offense...etc, of distinction problem.For example, rob the main characteristic performance of offense is two"there and then" and namely"make to use violence there and then" and"obtain wealth and properties there and then", and extortion to express for the threat generally and will carry out violence, but also expel to use there and then slightly violence, and will continue to carry out the violence threat victim but obtain the circumstance that the circumstance or the threat victim of the wealth and properties obtain wealth and properties in the days to come there and then in the days to come. Be in need of a thendon't belong to rob offense"there and then", if the behavior match toextortion characteristic and then can extortion to sentence a punishment.As for the crime appearance of this offense,uncompleted distinction problem, still exist a rift currently, but most scholars thought behavior a person to use intimidation,threat etc. means, make the victim creation fear feeling, thus compelled hand over a wealth and properties of, is since hence;If victim is not according to fear the mental state consignation wealth and properties, but according to have pity for mental state to provide wealth and properties, can affirm for uncompleted.To this, the writer also adopt"the control theory", then the behavior establishes a crime when the person obtains a control to the wealth and properties or the property benefits since hence, but say different comprehension with. Extortion in, as long as behavior the person carries out it to think and also is good enough to threaten to the victim to extortion behavior in fact under the subjective criminal intent domination, objective up took place quantity bigger and male and private wealth and properties again drive illegal seize of bane result, should think matching that criminal offense constitute, attaining a crime since hence.Part four:Extortion the lawmaking of the offense perfect.Currently, the provision converts a type the ex- offense that rob offense to only have thieves and burglars and deceive,loot offense in the our country penal code three kinds of, the writer think, should will extortion the scope that the offense is included in conversion type to rob ex- offense. And make a behavior person who extortion in the fulfillment at carry out to extortion the behavior process in or the behavior end after, make to use violence there and then or threaten to hide booty and resist to grasp to catch mutually by violence perhaps a circumstance of demolish the offense certificate is also existent. At the legal aspect, the suggestion increases to establish penal sum to this offense.