The Research On The Crime Of Extorion Conviction

Blackmail and impose exactions on crime as a kind of crime of property, it is a crime to compare common multiple in real life. But our country’s criminal law for its provisions are too simple, in 2013, the Supreme People’s court, the Supreme People’s Procurator are made "on the handing of criminal cases of blackmail and impose exactions on interpretation of some issues" and no more, more detailed explanation of this charges apply. Therefore, in the academic circle and practice circle, the qualitative of crime of blackmail still has many differences. In this paper, combining the concrete case, launches the research on the crime of blackmail and impose exactions on qualitative problem.This paper discusses four problems about qualitative of the crime of blackmail.The first problem is about the qualitative of blackmailing state organs behavior. On this issue, some people think that extortion of the state organs conduct did not constitute the crime of blackmail and impose exactions on, others think that constitute the crime of blackmail and impose exactions on. Based on the extortion analysis and the analysis of whether government can become a victim of extortion or not. I think the perpetrator through an agreement with the State authorities will issue the petition after treatment and continuing to go to the higher-level units petition by demanding money, although the behavior poses a threat, blackmail, extortion, but the government can not be the object, it does not constitute extortionThe second problem is the qualitative of demanding compensation from others with the result of self-inflicted injury. There are many different opinions about this behavior constitutes fraud or extortion. Analysis of the difference through fraud on the crime of fraud and crime of extortion in the paper,I think behavior qualitative key lies in two points: firstly, whether the fraud content has the properties of the victim fear; secondly, the victim to deliver the property behavior is based on the wrong understanding voluntary or the result of wrong understanding to feel fear after being forced to deliver the property.The third problem is the qualitative of people implement some kicking behavior in the process of blackmail on the pretext of revealing cards cheat behavior. The behavior of the kicking is minor acts of violence, only constitutes the crime of extortion crime means, not belong to the violence in the crime of robbery. The act should be determined as the crime of extortion.The fourth problem is to ask for qualitative consumer rights by huge compensation action. The behavior is the normal protective behavior or has already violated the crime of extortion The key to solve this problem is whether consumers regard illegal possession as their purposes. This paper presents the judging standards and solutions about whether the behavior is illegal possession or not.