The Research On The Crime Of Extortion Conviction

Violations of the Property crime is a common crime in the judicial practice in China.The extortion is required in China’s Criminal Law Chapter I against property crime. Thiscrime is common in the judicial practice， but is not very in-depth researched on thiscrime, many problems have not yet been resolved, so that the difficulties in the judicialidentification about such crime are caused. In2011Criminal Law Amendment8waspromulgated, and this crime was amended， meanwhile improved the convictionthreshold and further improved the legal punishment. But problems in the past judicialpractice are not still effectively resolved, which requires to give a clear complementthrough judicial interpretation in subsequent judicial practice.This article starts from a real case, mainly focusing on the characterization of how todeal with the case of the case. Meanwhile, the author guides the theory of crimeconstitution of China’s criminal law, analyzing the elements of crime constitution aboutkidnapping crime and illegal detention crime, and combined with the facts of the caseand the relevant laws and regulations, finally concluded the author’s study conclusions.Through the analysis of the case, I hope that it will play an active role in the similarcriminal cases of judicial practice in future.This article is mainly divided into six Parts:Part Ⅰ: the main Points of the case. That is, the case of Mr. Ye who extorts.PartⅡ: the introduction of the case. This part mainly introduces the whole processthat Mr. Ye extorts, as well as the decisions of the nature of this case about Mr. Yes’behavior made by the first trial、the second trial.PartⅢ: the focus of this case. This part Points out the focus of this case lies in how todecide the nature of it, that is, whether it should be a crime, if the crime was established,it should be recognized as the crime of illegal detention, kidnapping or extortion.PartⅣ: controversies and differences of opinion. This section lists four differentviews of how to decide the nature of Mr. Ye’s behavior.PartⅤ: the analysis of legal Principle and the research conclusions.. This section isthe focus of this article. In this section, the author guides the crime constitution theory，analyzing the element of crime constitution and related issues of the three different charges, in order to make fully theoretical support for the author’s ultimate studyconclusions.PartⅥ: present legal appraisal and ponder. Through extorts the crime to the criminallaw bill for amendment eight pairs the evaluation, proposed carries on the suggestion to itthrough the judicial way form which consumnates again.