Study On The Criminal Law Applicability Of Obtaining Government Property By Illegal Petition

The essence of the petition system is China’s problem,the natural result derived from the actual needs of Chinese society,the product of China’s unique institutional environment,with distinct Chinese characteristics and a long history of local resources.However,there are many problems in the actual operation of the petition system,one of which is the illegal petition for government property.The act of illegally petitioning for government property refers to the act that the petitioner,based on legitimate or illegitimate reasons,puts pressure on the government agency to request the government agency to give them property by petitioning against legal norms.As one of the prominent problems in the practice of the petition system,the behavior of illegally petitioning for government property is often solved by directly resorting to criminal penalty when the administrative power cannot properly deal with it.However,because the petition itself belongs to the legitimate right of citizens to express their demands under the Constitution,excessive criminalization inevitably has the tendency to restrict the expression of civil rights.In addition,the complexity of petition in judicial practice,academic and practical circles have serious differences of opinion on how to apply criminal law.Many factors are intertwined,which leads to the confusion and criticism of the criminal law application of illegal petition for government property.At present,the research on the application of criminal law of this act is mostly on the theoretical level,and the discussion on the practical level is relatively lacking.In view of this,this paper searches 150 relevant judgment documents from China Judicial Document Network for empirical analysis,and strives to find problems and explore rules from the trial practice,so as to make the research return to practical rationality.According to the situation reflected in the sample cases,when the act of illegally petitioning for government property is applied to criminal law,the crime of picking quarrels and provoking troubles,the crime of extortion and the crime of disturbing the work order of state organs are most convicted.Among them,the crime of picking quarrels and provoking troubles is mostly the crime of "strong and stubbornly".Through the study of the specific cases of the sample cases,this paper found that the problems existing in judicial practice are mainly concentrated in the following aspects: First,the phenomenon of different sentences in the same case is serious.It mainly shows that the boundary between crime and non-crime is fuzzy,and the boundary between "strong and stubbornly" type of picking quarrels and provoking troubles and extortion is not clear.Secondly,through the behavior of illegal petition to obtain government property can be convicted of extortion,different courts have serious differences of opinion.Finally,the trial practice of the crime of "strong and stubbornly" and disturb the work order of state organs in the crime of "disturbing" the understanding of deviation,the overall excessive sentencing is directly leading to the deviation of the application of criminal law.An in-depth analysis of the difficult problems existing in the application of criminal law in the act of illegally petitioning for government property is the key to explore the correct application of criminal law to regulate illegal petitioning.In view of the blurring of the boundary between crime and non-crime,this paper holds that the key premise to clarify the boundary between crime and non-crime is to correctly judge the subjective purpose of illegal petitioners.In view of the problem that the boundary between the crime of picking quarrels and provoking troubles and the crime of extortion is not clear,this paper holds that the "rogue motive" is not the key to distinguish the two crimes.On the contrary,it is urgent to sort out the key characteristics of the two crimes.In view of the controversy over the conviction of crime of extortion,this paper argues that petitioners have little space for the purpose of illegal possession,illegal petitioning behavior can not be identified as the means of crime of extortion,the government can not be regarded as the criminal object of crime of extortion,so the conviction of racketeering crime is not legitimate;In view of the misunderstanding of "strong and stubbornly" in the crime of picking quarrels and provoking troubles and "disturbing" in the crime of disturbing the work order of state organs,this paper holds that the grasp of "strong and stubbornly" must revolve around the basic object of its violation,"public order",and "disturbing" should be limited to the disturbance of violence and coercion.In view of the problem of excessive overall sentencing,through the analysis of its causes,this paper believes that the judicial organs adhere to the principle of criminal responsibility to put an end to the social harm phenomenon of artificially promoting the behavior.In addition,in order to fundamentally regulate the application of criminal law of illegal petitioning for government property,the highest judicial organ should also strengthen legal interpretation and case guidance,and unify the standard of application of criminal law.