A Study Of The Restricted Application Of Extortion And Blackmail

Extortion is a delivery-type property crime under China’s criminal law.In the context of a rapidly changing economy,the concept of rights has become an important element and permeates people’s lives,and disputes over property-related interests are gradually increasing,with atypical acts that are clearly distinct from traditional extortion gradually emerging.The complexity of the crime and the diversity of the methods used also highlight the need to correctly interpret the essential connotation of extortion and to unify the criteria for criminal recognition.However,as China’s criminal law regulates the crime of extortion and blackmail in a simple manner,and the judicial interpretation is relatively late,there is a lack of clarity in the understanding and recognition of this crime in judicial practice.As a result,some acts that should be considered as other crimes,or acts that do not reach criminal punishability,or even reasonable claims to defend one’s rights,are improperly placed within the scope of extortion and blackmail,thus causing the crime to show a trend of continuous expansion.At the same time,the analysis of the current state of judicial practice also reflects that the current doctrinal exploration of extortion is not sufficient,and the solution to the dilemma in practice is quite difficult,and the clarification and resolution of the relevant issues is urgent.Therefore,the crime of extortion should be interpreted from the perspective of a restrictive interpretation,and the criminalization threshold and scope of application of the crime should be strictly limited.The study focuses on the restricted application of extortion in the following four aspects: firstly,the concept of extortion is clarified based on the general theory of criminal law in China,and the legislative evolution and relevant judicial interpretation of extortion are sorted out.From the criminal legislation on extortion in ancient times to the relevant provisions on extortion nowadays,the legal network of extortion tends to be tightened and the penalties tend to be more severe;the judicial interpretations on extortion gradually refine the content and increase the types of extortion.Secondly,on the basis of a detailed analysis of the existing legal basis,an empirical analysis was conducted to identify the difficult points in the current judicial application of the offence of extortion and blackmail.The causes of the crime’s improper expansion are analysed,pointing out that the diversity of criminal forms,the lack of authoritative interpretation of substantive connotations,and the improper promotion of the "dynamic judicial view" ultimately lead to the improper expansion of extortion in judicial practice.At the same time to affirm the practice of extortion and blackmail inappropriate expansion of the harm,not only caused by the application of extortion and blackmail crime boundaries of blurred,but also on the principle of statutory crime and punishment,the impact of the principle of modesty of criminal law.Thirdly,the present situation of the judicial application of extortion is analysed,and the necessity of limiting the crime of extortion is emphasized from three aspects,namely,the adherence to criminal law theory,the needs of judicial practice and the compliance with public opinion.Finally,in order to curb the undue expansion of this crime,a combination of theory and practice should be used to reflect on the crime of extortion and propose a corresponding path of restriction: firstly,by collating the judicial interpretations of the crime of extortion,and promoting the systematization and standardization of the judicial interpretations of this crime.Secondly,by clarifying the core legal interest of property rights as extortion,strictly grasping the "illegal" element of the purpose of illegal possession,clarifying the meaning of extortion,and reflecting on the criteria for determining the amount of extortion,the four aspects of the crime of extortion are clarified.Thirdly,emphasize the specific circumstances of the clear exclusion,that is,the government can not become the object of extortion,with legitimate rights based on the behavior is not the crime of extortion.