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The Differences Between Excessive Rights Protection And Blackmail

Posted on:2015-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GanFull Text:PDF
GTID:2296330431485792Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This paper is aim at the growing situation in purchasing compensation area and uhfharea that activists ask for a lot of money when the product has something wrong.Theyalways use the media and upper government authority as their weapon.If theirrequirements can not be satisfied,they will tell media or supervisor government.Thispaper analyzed this kind of action and called it “excessive rights protection”.The mainpoint of the paper is judge the prosperity of treat excessive rights protection as criminalblackmail.The paper was separated into five parts.Part one included cases and the following thoughts.There are three cases,two fromthe purchasing area and one from the uhfh area.It came out that the all have something incommon.It led some thoughts and brought a question to us: is excessive rightsprotection should be treated as a criminal blackmail?Part two is the definition and categories.I defined the meaning,characteristics,rightsource,and causes of excessive rights protection.With some cases,I classified theseexcessive rights protection actions by two standards.One is the feature of the action,theother is the right’s content of the action.Part three is the observant and amylases from China and other countries in thedifferences between excessive rights protection and blackmail.Using the relevanttheories in Japanese,Germany,British,and America: whether rights using activitiesshould be treated like criminal? Introduced two different opinions of this question fromthe experts in China: guilty or not guilty.And briefly give my comment in them.Part four is my demonstration that excessive rights protection should not be treatedas the criminal blackmail.I proved it in few angles,included the nature,purpose andmethods of the action.I emphasized that all these angles can not meet the requirementsof blackmail.And I also claimed that treating it guilty not fit the modesty of criminal lawin China.Part five contained the solutions of the three cases in part one and put some opinionsof mine.Which is the irrational,laws improving and a few special action can be declare guilty....
Keywords/Search Tags:Property crime, Excessive rights protection, Execution of civilright, Purpose of illegal possession, Modest of criminal law
PDF Full Text Request
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