The Criminal Law Of "situation" Behavior

As the derivative of China’s unique petition system,the non-normal petition mostly happens in the conflicts and disputes of the grass-roots.In the present stage of social development,various types of conflicts and disputes emerge one after another,and enormous petition cases are difficult to solve,as well as the non-normal petition caused by them.In recent years,“blackmailing” the government by the non-normal petitioners is a frequent phenomenon,and the dealing methods of these behaviors are various in judicatory practice.At present,the judicial authorities categorize the behaviors of non-normal petition mainly in the following categories: the crime of affray,the crime of extortion,the crime of disrupting public service,and the crime of disrupting the work order of government offices,etc.The majority of convictions are the crime of affray and the crime of extortion.Some scholars believe that the non-normal petition is an excessive exercise of legal rights by citizens,whose circumstances are significantly minor and do not constitute crimes,therefore administrative penalties should be imposed.Some judicial workers believe that when citizens compel the government for properties by non-normal petition,it counts for importunity of public or private properties.If it causes serious harm to public orders,then it constitute the crime of affray.Some other judicial workers believe that the behaviors of citizens pressuring the government by non-normal petition in order to obtain properties constitute the crime of extortion.However,these methods of regulating the non-normal petition do not fully achieve a good legal effect.Therefore,some scholars advocate "adding additional charges." They believe that the non-normal petition is generally coercive,and the current criminal law is difficult to regulate it.The crime of coercion should be added.The author suggests that adding the crime of coercion to regulate the non-normal petition,and to improve our criminal legislation system.