Criminal Law Analysis Of Additional Intimidation

The current criminal law has many drawbacks in regulating those acts of intimidation. This article uses two typical intimidation cases as cutting point to analysis the necessity of setting intimidation crime and how to set it. In addition to the introduction and conclusion parts, the main contents of the text of are as follows:PartⅠ: First, give a brief introduction of the basic conditions of two cases, one is about a Volkswagen driver pointed others with a gun, the other one concerns developers threatened people with bullets to accomplish forced relocation. Then, give a general description of three different disposal opinions upon the cases. After analyzing those three types of disposal opinions, we can find the existing contradictions between requirements of law and the severe social harmfulness that such intimidate action have. And finally lead to the exploration of the necessity of setting intimidation crime.PartⅡ: This part gives a detailed exploration about the necessity of setting intimidation crime. First, emphasizing those legislative shortages that existing in current criminal law. And illustrating them respectively in the following four aspects: the criminal law anomie seriously, the lack of protection for spiritual interests, legal provisions too rigid to be flexible, the problems in criminal law Protocol Amendments (eight).Especially in the part of the criminal law anomie seriously, some representative intimidation cases that often occur in practice and of severe social harmfulness were enumerated. Then, the necessity of setting intimidation crime also be illuminated in the following four aspects respectively: the need of making up for legal loophole, the requirement of improving the legal system, for better protection of human rights, contribute to the construction of current harmonious society.PartⅢ: This part deals with how to set up the intimidation crime. In the first subsection, Introduce some relative basic facts about intimidation crime legislate in countries and regions like Japan and Taiwan, and analyzed their respective characteristics. In the second subsection, the elaboration centers on those inspiring significance that the outside legislative experience gives us to set our country's intimidation crime. Firstly, analyze the characteristics of intimidation crime, the infringed object of intimidation crime, the intimidate doer's intimidate acts, ways of intimidating, and the victims of intimidation acts, and consider intimidation doer as potential damage offence. After clearing those characteristics, we continue to talk about the definition and penalty of intimidation crime. Secondly, propose to fall intimidation crime under crime of private persecution. For this can show respect for citizens' personal freedom, it's a way of pursuing judicial efficiency, and also embodies restraining criminal law. Meanwhile, distinct "serious" from "particularly serious".When the circumstances are"particularly serious", the intimidation crime should be settled as public persecution to better achieve the goal of cracking down on crimes and protecting human rights.