Differences Between Exercise Of Rights And Crime Of Extortion

Article 274 in specific provisions of criminal law is about crime of extortion. And it’s classified into crimes against property with simple description, which can be explained that it’s simple and clear to affirm as blackmail by lawmakers-who accuse. However, as the citizen get more sense of human rights, the phenomenon about human uses threats to realizing the ownership of assets by threat in the law is common nowadays. This kind of behavior seems to constitute extortion,but judicial practice departments have different conclusions towards constituting the crime in fact. Meanwhile, the study about this question starts late in our country criminal law and is short of thorough research, which causes inconsistent conclusions. Herein, this thesis starts from the discussion of theory circles domestic and overseas, bases on the theory of distinguishing exercise of rights and crime of extortion. And it makes basic recognition through a research which will be carried on from three aspects, protection of Legal interest,objective side of crime and subjective side of crime. At last, the essay gets a conclusion that we must use a double standard as a solution, which means a combination of subjective and objective approaches in form with emphasizing analysis on legal interests in nature to judge exercise of rights and crime of extortion, to make the boundary of exercise of rights against extortion clear.