Qualitative Analysis Of Criminal Law On Forcing Others To Borrow Money By Means Of Violence And Threat

In recent years,with the rapid development of China’s economy,the protection of citizens’ property rights has become a particularly important part of the task of maintaining social harmony and stability.However,the phenomenon of excessive gap between the rich and the poor has not been alleviated with the operation of the economy,all kinds of property crime in the society is still frequent,among them,by violence,threatening to force others to borrow cases emerge in endlessly,and the complexity of this kind of behavior type often make charges that have great controversy,there is a civil liability,forced transaction crime,crime of extortion,robbery and other different doctrines.Although the Supreme People’s Procuratorate issued about the applicable law of approval,but the file content abstract,cannot make practice can directly effective conclusions according to the relevant provisions,In the case processing,the judge’s discretion is mainly relied on to make the judgment,which also leads to different judgments in the same situation.In this article,we will in the perspective of "Li mou robbery",starting from the controversial focus of the case,analysis of such violence,threatening to force borrowing behavior involved in the criminal law theory,and through the analysis of the perplexity of the case,clear whether the forced borrowing belongs to "deal",actor implement borrowing whether has the purpose of illegal possession,and differentiate the crime of forced trading with robbery,extortion and robbery of the line,Finally,a comprehensive criminal law qualitative analysis of Li’s behavior is carried out.This paper will be discussed from the following five parts:The first part is the introduction.This paper mainly expounds the research purpose,significance,research status and research methods of the article.The second part is a brief introduction of the event and the focus of controversy.Brief introduction of Li mou forced Yuan mou to provide loan of this case,as well as the first and second instance court proceedings and judgment results,and through the elaboration of the case and the court in the judgment of the different judgment,the theoretical circle,the practice of the different treatment of the case.The third part is an overview of forcing others to borrow money by means of violence and threat.It analyzes the concepts of "violence","threat","coercion" and "loan" involved in the behavior,and summarizes the characteristics and types of forcing others to borrow money by means of violence and threat.The fourth part is related theories and qualitative disputes about the qualitative nature of forcing others to borrow money by means of violence and threat.This kind of behavior mainly includes four theories,namely the theory of civil liability,the theory of forced transaction,the theory of blackmail and extortion,and the theory of robbery.At the same time,the author analyzes whether the behavior of "forced loan" belongs to "transaction" and whether the perpetrator has the purpose of illegal possession,so as to clarify the boundary between robbery crime and forced transaction crime,extortion crime and robbery crime.The fifth part is the qualitative analysis and summary of the criminal law to force others to borrow money by means of violence and threat.According to the in-depth analysis of the controversial issues mentioned above,based on the facts of the case and the principle of adaptation of crime,responsibility and punishment,conduct qualitative analysis to this case defendant Li mou’s behavior,and conduct qualitative summary to the case of such behavior.