The Criminal Law Analysis Of Shang Fang Threatening The Government

Shanxi Linxian County farmer Ma Jiwen threatened the Government Petition case in the society at that time caused a stir in sympathy and Ma Chi Wen,and justice of the court of justice of the doubt,but others agree that the court verdict of Ma Chi Wen think its decision,in line with the principle of legality,justice is the performance.In this case the legal theory has also been a heated discussion,through the research and discussion of many,many legal theorists has put forward different views to solve the problem,but has not formed a unified view,while the main controversy is whether Ma Jiwen acts constitute a threat to the Government Petition this crime.This paper also selects Ma Jiwen petition cases threaten the government to conduct the research,combined with the related theory of jurist's viewpoints in various in-depth analysis of the case in the case,hoping to be qualitative,for the judicial practice in dealing with similar cases and provide feasible suggestions.Firstly,the paper expounds the purpose and significance of this thesis,discusses difficulties and problems encountered in real life petitions,and the relevant legal system from abroad,this chapter finally introduces the research methods,the research ideas and innovations.Secondly,this article through to Ma Ji copy are described and analyzed,by describing the cause of Ma Chi Wen petition,the petition after many petitions and final results can roughly understand the process and the government of Ma Jiwen Ma Jiwen in the appeal petition process as the final horse following the court by the court to the crime of blackmail and impose exactions on.Ma Jiwen in order to protect their own interests,the town government felt threatened by many petitions,super petition,Beijing to petition the way in the petition process,with the signing of the compensation agreement on the condition of no longer petition.And then the government will blackmail Ma Jiwen to court,the court has repeatedly found that the behavior of Ma Jiwen constituted extortion.Based on the understanding of the case,the analysis of the case and the theory circle,the author summed up the casewith the focus of controversy,including whether the government can become the object of crime,whether to constitute the crime of blackmail and impose exactions on and constitute blackmail and impose exactions on crime of affray.Whether the government can become the object of the crime of extortion mainly discusses the object of the crime of extortion,the government as a legal person is not subject to the protection of the crime.Whether the crime of extortion constitutes is mainly from the criminal purpose and objective elements of the petition to threaten the government's behavior is consistent with the crime of extortion.Constitute a crime or disturb the crime of blackmail and impose exactions on the main discussion appeared some sentence cases in practice,which is similar to the cases in different regions,through the different Court reached a different verdict,some courts that constitute a crime but some court blackmail and impose exactions on,that constitute the crime of trouble.The author through the study of the crime of affray to distinguish between the two.Finally,the author puts forward some relevant judicial suggestions on the petition threatening the government behavior.Fall,due to China's annual corruption brought the judicial credibility of judicial system itself flawed,petitioners bring relatively fast more economic benefits and other reasons,the petition wind becomes more and more popular,repeatedly rise,and more and more people use the purpose of the implementation of non-normal petition means,which is in violation of the law,does not comply with the legal provisions of the petition procedures that will cause a very bad social influence,also hinder normal work of government agencies.Therefore,according to the above study,the author gives the different judicial suggestions to the government behavior,which is based on different types and different ways.This paper takes Ma Jiwen as an example of Government Petition threat has carried on the analysis to the practice of petitioning the threat of government behavior,due to the threat of a Government Petition "demands and motivations vary,the social impact of the harm and consequences are not the same,to maintain social stability,the key factor to resolve social conflicts based on the consideration,combined with China's long-term judicial the practice of dealing with this event,I think:" to threatenthe Government Petition behavior should be reasonable,should assess the severity of its consequences in the framework of laws and regulations,deal with non dominated,hoping to be helpful to the judicial practice.