Research On The Difficult Problem Of Judicial Application Of Racketeering Crime

Article 274 of The Criminal Law of Our country is too simple.For the crime of extortion,it only stipulates its behavior,object,frequency and amount,and relevant judicial interpretation only further clarifies the conviction and sentencing standards of this crime.As the current law of this crime is vague and its concept is not determined,there are many problems in the application of the crime of racketeering in judicial practice.By studying the legislative intention of this crime and combining with practical experience,theoretical scholars give a generally accepted definition at present,that is,the actor uses intimidation,threat or blackmail to illegally possess the public and private property of the victim for the purpose of illegal possession.However,there are still disputes about the connotation and extension of the concept of racketeering,especially with the development of the society,the crime of racketeering has changed,the problem has become increasingly prominent,increasing the unprecedented difficulty for judicial personnel to identify.Therefore,it is necessary to study the problems existing in the judicial practice of the crime of extortion.Apart from the introduction and conclusion,from the overall structure,this paper is divided into three parts.The first part,the basic theory of the crime of extortion.This part mainly expounds the concept of racketeering crime and the analysis of its constitution.First of all,there is no clear legal definition of this crime.In addition,different scholars have different definitions based on different understandings.The main reason is that there are still disputes over the nature of this crime,especially the essential connotation of the constitutive elements of this crime.Secondly,the constitution of this crime is mainly divided into four aspects: subject scope,subjective elements,object content and objective elements.The second part,the problems existing in the judicial application of the crime of racketeering and its causes.This part starts from the perspective of the actor,including subjective and objective,and lists the judicial application problems of this crime,specifically as follows: First,it is difficult to determine the purpose of illegal possession;Second,the scope of the behavior object is controversial;Third,there is a different understanding of extortion;Fourth,the lack of criteria for fear.In view of the above problems,the author analyzes the causes of the problems,namely,the diversity of crime patterns,the lack of legislation and the lag of relevant judicial interpretation.The third part,the specific proposal of the judicial application of the crime of extortion.This part is the key content of this paper,mainly including the following four points: First,combined with the cause of the case to judge the subjective purpose.When the actor’s objective behavior conforms to the form of extortion,it can be judged from its subjective purpose.However,the cause of case is the key to judgment.The reason for obtaining property from the actor is analyzed based on legal provisions or other factors.Second,make clear the scope of the object of behavior,involving specific people or specific things,and define the scope of the objects in dispute in practice.Thirdly,the definition of extortion can be divided into two parts: the means and the ends.Fourth,to determine the criteria of fear psychology,using the victim’s subjective psychology as the main standard.Generally speaking,correctly identifying the crime of racketeering is conducive to the unification of judicial application standards and the realization of legal unification.Exploring the legislative intention and essential connotation of the crime of extortion can help citizens correctly understand the crime of extortion,avoid the occurrence of ignorance and misunderstanding,and enable judicial personnel to accurately identify the crime of extortion,accurately understand its meaning,clarify the boundary between crime and non-crime,and avoid qualitative error.