| The petition is a basic right of the citizen law,but with the acceleration of social transformation,breed a blackmail petition.Blackmail petition refers to the petitioners in order to solve the unreasonable interest disputes,the petition to blackmail the government involved in the dispute,in order to achieve its unreasonable demands or benefit.According to the behavior of people whether has the corresponding rights based,can be divided into blackmail Petition Petition with the rights of blackmail and threats to do not have the right foundation.From the social harmfulness to the threat of criminal illegality,the analysis should be subject to punishment and criticism of possibility,a petition has the possibility of blackmail crime.Petition for blackmail have power base but not reasonable,can not be identified as the crime of blackmail and impose exaction on were to analyze specific issues,and consider a variety of factors,only when the right basis and with the purpose of illegal possession and secure to rely on,to continue to appeal to blackmail the government to meet its demanding,shall be taken into account for the crime of blackmail and impose exaction on;To coerce petition behavior with illegal possession for the purpose of knowing that he did not have the power base,its behavior should accord with the constitution of the crime of blackmail and impose exaction on,generally can be identified as the crime of blackmail and impose exaction on.To deal with such problems to consider the principle of modesty of the criminal law and the human rights protection mechanism.In terms of proof,for the identification of the purpose of illegal possession,can establish the institution of the burden of proof;In the crime,should be unified and refine the crime standard;In the criminal legislation,perfecting the regulations should be added the crime of blackmail and impose exaction on the crime of coercion,;in criminal sentencing,to standardize the sentencing procedure. |
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