A Qualitative Study Of Criminal Law On The Behavior Of Soliciting Money Of Complaint Reporting

After the reeducation through labor system was abolished in 2013,the crime of extortion gradually became a way to regulate the abnormal behavior of complaint reporting.In the criminal law of our country,the crime of extortion belongs to the legislative way of simple crime,and the constituent elements of the crime belong to the normative constituent elements,which makes the identification of the crime of extortion in judicial practice appear certain openness.In this paper,through the theoretical analysis of the elements of the crime of extortion,it is clear that the behavior of soliciting money of complaint reporting does not constitute the crime of extortion to the government.First,the article take the case of the crime of extortion of Hongqian Yang that leads to the focus of controversy: whether the behavior of soliciting money of complaint reporting can be defined as the crime of extortion.Second,this part is a deep theoretical analysis of the controversial focus of the case,and draws the following conclusions: the behavior of complaint reporting cannot be defined as "threat and blackmail" to the government;the government cannot be the subject of the crime of extortion;the behavior of soliciting money of complaint reporting does not constitute the crime of extortion.Last,on the basis of denying that the behavior of soliciting money of complaint reporting constitutes the crime of extortion,reasonable qualitative the behavior of soliciting money of complaint reporting.For the behavior of soliciting money of complaint reporting without reasonable basis,when the behavior destroys the social order and the circumstances are serious,it can be determined that the behavior constitutes the crime of picking quarrels and provoking troubles by "taking and demanding".When dealing with the abnormal behavior of soliciting money of complaint reporting,we should build a sequential processing scheme,according to the specific circumstances of the case,to make different regulations.If the abnormal behavior of complaint reporting of taking and demanding government property without reasonable basis destroys the social order,it belongs to the illegal act of picking quarrels and provoking troubles,and the violators shall be given corresponding administrative punishment;If the circumstances are serious enough to deserve the harsh punishment of the criminal law,they shall be punished as the crime of picking quarrels and provoking troubles.Under the circumstance that does not destroy social order,should not make administrative punishment,should not be punished by criminal law harshly,just don’t deal with it.Meanwhile,improve the abnormal behavior of complaint reporting against processing mechanism,promote the reform of a complaint reporting appraisal system,optimize put an end to the handling of complaint reporting system,multi-channel regulation the behavior of soliciting money of complaint reporting.