Research On Crime Of Extortion

In our country, crime of extortion is one kind of complicated but common crimes. Especially, the cases about "the extortion concerning debatable rights" are difficult to judge, because of difference of cases, the simple stipulation of current Penal Code, and lacking authority theory. But it’s very important to accurately distinguish crime of extortion and execution of civil rights that it can fight crimes and guarantee human rights. This thesis sets out from the angle of judicial fulfillment and adopts the method that the logic analysis combines together with substantial evidence research, analyses the shortage of the current research on "the extortion concerning debatable rights", sets up a model to distinguish crime of extortion and execution of civil rights, and uses the model to judge the typical cases. I hope it can provide some opinions for the fundamental research and judicial Practice.This thesis is divided into three parts:The first part lists four typical cases and puts forward the problems on "the extortion concerning debatable rights" cases, concluding the constant disputes in theory and disunity in judicial world. Analyze the reasons, propose the solution, and set up a model to judge "the extortion concerning debatable rights" cases.The second part divides the behavior of extortion to claim for rights and action, combining the constitution of a crime. Then, analyzes different situations and sets up the model to judge "the extortion concerning debatable rights" cases. That is:when the claim for rights is illegal, the feason commits crime of extortion, no matter his action is legal or not; when the claim for rights is legal and specific, the feason doesn’t commit crime of extortion, no matter his action is legal or not; when the claim for rights is legal but unspecific, and the action is illegal, the feason commits crime of extortion; when the claim for rights is legal but unspecific, and the action is legal, the feason doesn’t commit crime of extortion.The third part is used the theory to analyze the typical four cases, to examine the model. I hope the model about "the extortion concerning debatable rights" can be used in practice.