Criminal Law Analysis On Intimidation And Threats

This paper holds that although intimidation is closely related to threat behavior and its manifestation is very similar,it does not include the relationship with inclusion.intimidation should not be regarded as " mere threat behavior" and be classified into one category.this view is not unfounded,but rooted in the systematic understanding of intimidation and threatening behavior.This systematic understanding should start from the behavioral characteristics and the level of coercion,through the analysis of other acts of violence in the broad sense,so as to find their basic characteristics,clarify the relevant concepts and construct the level of coercion of violence in the broad sense.Finally,the understanding of behavior should return to its regulation.according to the thought of " criminal integration" and the practice pattern of behavior,the regulation of intimidation and threat behavior should also be considered from the level of criminal policy,so as to establish a regulation system which is based on prevention and not limited to punishment under the benign interaction between criminal law and criminal policy.This article is divided into four parts,starting from the practical difficulties,contact with foreign legislation and theory,discusses the intimidation and threat of contact and distinction,characteristics and how to regulate.The first part,from the various difficulties encountered in practice leads to the problem,and explain the origin of the relevant basic concepts.The re-analysis of intimidation and threats is not unfounded,but has a profound practical judicial practice needs,which is in fact the reason why this paper finally returns to the scientific regulation of relevant acts.Then explain the relevant basic concepts of this article,although logically speaking,this article is a new understanding of the relevant behavior,the basic concept is the product of the understanding after reconstruction " follow the canal",should not be placed at the beginning of the article,but in view of the existing concept of confusion and the need to ensure clear thinking,this article still chooses to relevant concepts in the article first explained.In the second part,the author summarizes the current situation of legislation and theory in our country and abroad,and tries to reveal the background and reasons while finding the problems and shortcomings,so as to lay a good foundation for the systematic understanding of intimidation and threats.In order to correctly understand the intimidation and threat behavior,we must be able to not be affected by the domestic and foreign various existing legislative situation,can not make the mistake of " determined by the reality should be",at the same time also should pay attention to,although the existing domestic and foreign legislation and theoretical situation is the reality level,but can not deny its importance,we know the intimidation and threat behavior must start from this and eventually return to this.Domestic legislation and theory determine our starting point,reveal our shortcomings,extraterritorial legislation and theory to help us find the best way to improve it more easily,omit the twists and turns.The third part is about the system reconstruction of the cognition of intimidation and threat behavior.It is wrong to regard threatening behavior as one of the ways of violent crime only because of its instrumental characteristics.only by setting aside the layers of fog and constructing the system of violent behavior in a broad sense from the behavior itself can we put an end to one-sided superficial understanding.In order to achieve this goal,this paper holds that the premise is to keep pace with the times on the level of thinking and value,clarify the relevant concepts and the level of coercion of generalized violence,the first point to solve the problem of " incompatibility" on the level of thinking and value,the second point to delineate the connotation and extension,and the essential characteristics of the relevant behavior from afar,the third point is the framework of system reconstruction.By doing so,the characteristics and classification of acts of intimidation and threats can naturally be easily derived.Finally,the meaning of the behavior in criminal law ultimately lies in its regulation.On the one hand,it is worth pondering whether the independent crime of intimidation in foreign countries can really play the role of crime treatment and prevention.on the other hand,facing the problem that the threat behavior simply meets with the penalty regulation,and the behavior is committed again due to unfair discretion and other reasons,this paper jumps out of the fence of " entering crime,entering punishment",and finds a scientific and reasonable way to regulate the intimidation and threat behavior from the criminal policy level.First of all,the regulation of acts of intimidation should not be simply included in the criminal law,under the existing framework in the administrative punishment to increase the intensity of the existing administrative punishment and increase the prohibition order is more reasonable.The regulation of threat behavior should not simply deny the significance of establishing independent charges in criminal law,or simply rely on punishment,but should take punishment as the core,appropriate to list in the administrative laws and regulations in the real life often appear,the degree of coercion is weak threat behavior,establish a ladder of punishment system corresponding to the scope of coercion of threat behavior.