Acts Of Intimidation In Criminal Law

Intimidation violates the rights of the spirit and it has serious social harm. Therefore, intimidation come into many countries’ view. Intimidation is not uniform in the criminal law terms, such as "threat", "stress", "coercion". No matter what kind of expression form, it does not affect the nature of the intimidation. Authors tries to comb through the criminal law regulation of intimidation and identification of intimidation, and provide theoretical reference for the definition in the criminal law of our country.The crime of intimidation involved in the special provisions of criminal law has more than 30. In the judicial practice, to determine the crime, we must correctly grasp the subjective and objective aspects of the crime of subjective and objective aspects. But the meaning of intimidation is not clearly defined in the China’s criminal law and relevant judicial interpretation, and the theory of criminal law is still a lack of systematic study on intimidation. Scholars tend to analyze the intimidation in the specific crime. Therefore, the theory and judicial practice circle did not form a systematic understanding of intimidation, and the role of intimidation in the conviction and sentencing has not caused enough attention. Given all this, we need to clarify the concept of intimidation, as well as ensure constitutive requirements and the specific contents of the elements. This paper is divided into four chapters, the detailed description is as follows:The first chapter’s main content is to sort out the regulation of intimidation in the civil law and the common law and Chinese criminal law, as well as the meaning of intimidation in the typical crime. Through the induction and comparison of criminal law, we try to find the generality and difference of the the meaning of intimidation. On this basis, we define the meaning and composition of intimidation in Chinese criminal law.The second chapter’s main content is to identify intimidation in Chinese criminal law. First of all, to clarify the relationship of intimidation and threats, coercion, we find that three acts are the same in essence. Secondly, we make a definition for intimidation. According to the two different forms of intimidation in the constitution of the crime, we summed up the two layers of meaning: one is perpetrating behavior, it means that through the content of the adverse impact on others to scare; two is as a means of acts in multi-act crime, it means that criminals use people’s fear to force people do illegal act criminals use people’s fear to force people do illegal act, in order to complete the objective behavior of crime. And the intimidation was introduced in detail from the subjective and objective elements of two aspects. Thirdly, We compare the intimidation, violence and fraud, because three acts produce misunderstanding easily. Intimidation and violence are different in behavior of intimidation and violence and evil ways and in effect. Intimidation and fraud are different in the scope of the nature of behavior, and behavior object and in essence. Finally, according to the different purposes of the implementation of the criminal acts of intimidation, intimidation is divided into four types: simple of intimidation, the follow-up type of intimidation, obsessive-compulsive type of intimidation, hindering type of intimidation.The third chapter’s main content is the analysis of the intimidation in Affray Crime in the criminal law of our country. The intimidation in Affray Crime is proclaimed in criminal law that reflects the function of the protection of social order and the protection of human rights are main content in the criminal law of our country. but it focuses on the control of the social order. The subjective elements of the Affray Crime require special aims of crime, and the persons who carry out the acts of terrify affray, the purpose is to seek spiritual stimulation, to vent negative emotions. The intimidation of the Affray Crime’s behavior place does not include the network space. The reason is that the network space is composed of pure data and information space, which is a virtual space, and not real space. So the destruction of the order of cyberspace is not equal to disrupt public order.The fourth chapter’s main content is the function of intimidation in the conviction and sentencing. The function of intimidation in the conviction has the following aspects, the effect on guilty or not guilty, the effect on this crime and that crime and the effect on the number of crime. The reflection of intimidation on measurement of penalty is mainly reflected in personal danger and intimidation on the community’s social harm.