Acriminal Law Study On Abnormal Petitioning Behaviors

As China’s social development has entered a new era,conflicts of interest and contradictions between individuals are increasing with economic and social development.At the same time as economic and social development,conflicts of interest and conflicts between individuals are also increasing day by day.Influenced by traditional concepts,citizens often petition to seek relief for their rights,but they often take extreme measures in petitioning.Therefore,in practice,abnormal petitions for money frequently occur.In theory and practice,there is a big dispute on the qualitative problem of abnormal petitioning for money,and there is no unified conclusion from all sides.In this paper,the author through the jiangxi Ganzhou city court trial of a petition case as an example,detailed introduction of the criminal facts of the case and the first and second instance of the court’s verdict on the case,and finally summed up the focus of the abnormal petition for money.In theory and practice,there are a variety of disputes about this type of behavior,such as whether such behavior constitutes a crime;Which charges constitute;Whether the parties have the objective of illegal possession subjectively;Whether the state organs can become the target of the crime of extortion and so on.But in general,the core of these disputes is mainly the qualitative issue of behavior.In view of the qualitative problem of abnormal petitioning for money,there are four main theories and viewpoints in academic and practice,which are innocence,extortion,disturbing the state work order,and picking quarrels and provoking troubles.The author mainly starts from the constitutive elements of the four theories,and makes a detailed understanding and analysis of the four theories.On this basis,it is concluded that there are more or less problems in the three theories,such as innocence theory,crime of extortion and crime of disturbing the state work order,and the three theories should not be adopted.The author thinks that this crime has the possibility of constituting the crime of picking quarrels and provoking troubles,but it is still unclear on which type of crime of picking quarrels and provoking troubles.Finally,through the analysis of the constitutive elements of this behavior,the author concludes that the only possibility is the crime of picking quarrels and provoking troubles in the form of picking quarrels and provoking troubles.However,there are still some general and unclear situations in the regulation of the crime of picking quarrels and provoking troubles in the form of picking quarrels and provoking troubles.Therefore,it is suggested to expand the interpretation of the crime of picking quarrels and provoking troubles and increase the relevant guiding cases of abnormal petitioning for money.Through the research of this paper,the author believes that the two universities should issue relevant guiding cases as soon as possible to fundamentally avoid the situation that the qualitative nature of such cases is always difficult to be unified.And believe that through the active cooperation of all parties,such cases of inconsistent qualitative problems will be resolved.Only by eliminating the phenomenon of different judgments of the same case in judicial practice,can we truly establish legal prestige and maintain judicial credibility.Lay a sound environmental foundation for building a socialist country under the rule of law in the new era and implementing Xi Jinping’s thought on the rule of law.