Qualitative Research Blackmail The "Third Party" And Forced Him To Write Down "Iou" Behavior

In the process of right exercise behavior, beyond the limits of right to exercise behavior and violate racketeering crime behavior.Both in the theoretical circle of criminal law, and in the judicial practice, the right to exercise behavior and racketeering sin boundary points there are different points of view.This paper combinbing Zhu to "a third party" cases of extortion and forced it to write ious, system analysis from different aspects right exercise behavior and the difference between the crime of extortion, attempted respectively from both standards at the same time, the amount of crime and sentencing tripartite face extortion charges is discussed in detail, finally indicates that the author for the right to exercise behavior and racketeering sin boundary points and attempted crime of extortion is identifying standard, the amount of crime and sentencing.This article is divided into four parts.The first part introduces the Zhu some basic situation of China extortion case. Main contents include the cause of action, the focus of the case introduction, disagreement, dispute, main is a detailed introduction of the case itself.The second part of the relevant legal analysis of the problem. This part mainly from the right exercise behavior and crime of extortion of boundary points, unrealized "iou" was attempted to the amount of crime cognizance, the influence of competition makes for a whole three aspects of the influence of the crime and sentencing in turn. For right exercise behavior and crime of extortion of boundary points, the author firstly introduce the outside and our country have different opinions, and then put forward for their rights to exercise behavior and racketeering sin boundary points of the three factor; For unrealized "iou" of crime amount of influence, the author illustrates the mainly from two aspects, on the one hand, need to clear the "iou" whether the creditor’s rights debt obligations belong to crime, the amount of crime of extortion, on the other hand, analysis of unrealized amount can be identified as crime amount; Attempted to both competition on a whole in the form of crime determination and the influence of sentencing, the author separately from two aspects of crime and sentencing is discussed respectively.The third part is the conclusion of the case research, through the legal analysis of the above, combined with the basic information of the case, to the "a third party" blackmail to Zhu and forced it to write down the conduct of the ious qualitative and sentencing of the summary, the case study conclusion.The fourth part is the study of revelation to the case. Right exercise behavior and racketeering crimes are usually closely linked together, to achieve the offender in practice the correct exercise of rights without violating criminal purpose, you must set for right exercise behavior strictly, the scope of application of regulation on right exercise behavior. To blackmail crime in the judicial practice is consistent purpose, we must constantly perfect racketeering sin.