Legislation Research On The Crime Of Intimidation

Freedom is the second important personal legal benefits compared with our lives.The occurrence of acts of intimidation in daily life is universal and diverse,it is a kind of violation of spiritual freedom,which will disturb the normal work and life of the victim,seriously lead to the victim suffering from mental illness,and even embark on the path of light life or violent crime.According to their constituent elements,it can be divided into simple acts of intimidation and complex acts of intimidation as a means of forcing others to commit crimes,The latter is most common in the criminal field of our country at present;According to the form of expression,it can be divided into debt-collecting intimidation,emotional intimidation and mafia intimidation.Law of the PRC on Public Security Administrative provides for a maximum administrative detention of less than ten days for simple acts of intimidation,and the crime of provoking and causing trouble also regards simple acts of intimidation as a type of crime,but until now no act of intimidation has been criminalized independently.Although the act of intimidation does not use the physical force of violent crime,it produces fear of the target of intimidation,seriously endangers the national spiritual freedom,and is not conducive to the protection of human rights and the formation of a good social atmosphere.Protection of national spiritual freedom is more comprehensive abroad,where there are separate charges for acts of intimidation,which stipulate that the act of intimidation is self-infringing.Most of them set up a separate crime of intimidation,and stipulated in the violation of personal freedom,such as the crime of coercion in Japan,the threat crime in Britain and France,and Crime of attempted injury in the United States.The common denominator is that once the actor intentionally carries out threatening words or actions that frighten others,it may constitute a crime,seeing the degree of protection of mental freedom outside the territory is so adequate.At present,administrative punishment and the crime of provoking and causing trouble can only be used to punish some minor and some evil forces who carry out acts of intimidation that disturb public order,while the crime of "disturbing social order" is of a high degree of abstractness.In judicial practice,it is arbitrary to determine whether some acts of intimidation disturb the social order,and it is impossible to impose legal and reasonable punishment on some acts of intimidation that seriously infringe upon civil spiritual freedom but do not disturb social order.Therefore,In order to fully protect the personal rights of citizens,keep social order and facilitate the construction of civilization and the rule of law in our country,the crime of intimidation can be added tothe fourth chapter of the Criminal Law,which infringes on personal rights and democratic rights,closely following the crime of illegal detention.Since there are many crimes of intimidation as a means of crime in the criminal law of our country,the connection with other crimes and the number and characterization of the crime of intimidation should also be considered in the legislation of the crime of intimidation.Furthermore,it can be seen from the successful legislative examples of "drunken driving","overload","pick-pocketing" and other acts that the legislative characteristics of "early punishment" are inevitable for the development of our society,and adding the crime of intimidation does not violate the principle of modesty in criminal law,nor does it necessarily lead to an increase in the number of crimes,but can effectively reduce the occurrence of such acts,so as to achieve the social effect of cautious words and actions.Specifically,the provisions of the crime of intimidation can be expressed as: those who intimidate others,if the circumstances are serious,or repeatedly intimidate others,it will be sentenced to fixed-term imprisonment of not more than three years,criminal detention or public surveillance;if the circumstances are especially serious,they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.Those who commit the crime mentioned in the preceding paragraph shall be dealt with only after they have been told,except those who seriously endanger social order and the interests of the state.If an act mentioned in the first paragraph constitutes another crime,it shall be convicted and punished in accordance with the provisions of heavier penalties.