The Study About Difficult Problems Of The Crime Of Extortion In Judicial Cognizance

As our country criminal law stipulates the crime of extortion too general, and the cases in the judicial practice are extremely complex, so there are a lot of controversy about the cognizance of extortion in theory and practice, consequently, it causes so many problems in the crime of extortion judicial cognizance.Through the problem of the crime of extortion, especially the action constitution, this article will develop intensive research and will discriminate the crime of extortion and other crimes.In order to solve the confusion and problems the judicial practice and provide better reference for accurately identified this crime.First of all, this article analyses the mainstream views of the action constitution of the crime of extortion in academic circle. On this basic, it leads limiting freedom of intention decision into the constitution to rebuild the action constitution of this crime. That is: implement the threat of violence or threatening behavior to others——the other side is limited in freedom of intention decision——Due to the limiting freedom of intention decision the other is forced to dispose of property——the offender or the third person got the property——the aggrieved person suffered damage to property. As the the action constitution to be mainline, this article will analysis every elements of the constitution. The whole article will divide into six chapters, rebuilding the action constitution of this crime and analyzing the difficult problems in five elements of the constitution cognizance.At the beginning, on the basic of the mainstream views and analysis of extortion action constitution, it will rebuilding the action constitution of this crime.Secondly, it will analysis the common behavior methods in extortion to the actor. This article believes that the using of violence (including spot) on the spot or by threat of violence can be means of behavior in extortion.And it will expound and prove the difference among’the two on the spot (the use of violence on the spot Somalia’s goods obtained property)’, limiting in personal freedom to ask for property, under the situation of three kinds of circumstances strong with racketeering sin respectively with robbery extortion, extortion-type crime of kidnapping and the crime of make trouble of nothing.Thirdly, it has a deep-going interpretation of the main subject, the ways and the degree of limiting freedom of intention decision. It believes that natural person is not limited in the main subject of limiting freedom of intention decision. It should include the juridical person such as incorporated business,etc. In specific situations, the government can be the aggrieved person of extortion. The the main way of encroaching on limiting freedom of intention decision is fraud and intimidation. The text analyzes the relation and distinction between fraud and extortion. Because of the difference of limiting freedom of intention decision, the aggrieved person will fall into fear or reluctance, meanwhile, it gives the cognizance of the behavioral nature by stolen property to extort property.Finally, the last three chapters of this text will analysis of the concept of disposition, The related issues in disposition of property by the aggrieved person and cognizance of the aggrieved person suffering loss on property. It will analysis of the concept of disposition, definition of disposition method body and the limits of the suspended property; It believes that whether property obtained or not and the value of the property will directly affect the forms of crime and punishment of this crime. Also, the article talks about the issues of the main body and manners in acquisition of property. About property damage, it thinks that the establish of extortion should premise of the victim property losses and regard whether the aggrieved person suffered the whole property losses as evaluation standard.