Judicial Cognizance Of The Crime Of Blackmail And Impose Exactions On

With the widespread popularization of college education,more and more people are well educated by the rule of law,a variety of rights ideas continue to be popular,when the people's rights are infringed upon,people began to think of ways to use the law to give relief,of course,mainly public relief,when the efficiency of the public power relief can not meet the people,people began to seek private relief,people in the exercise of the right to private relief,there will be some abuse of rights,especially in recent years,the continuous emergence of the people's right to petition the exercise,exercise of consumer rights,the exercise of labor rights and labor disputes in the exercise of the right of creditor's rights.How to distinguish crime and legitimate rights of blackmail and impose exactions on exercise and abuse of power behavior will not constitute a crime,has important theoretical and practical significance.Some places in China to exercise their right to petition the qualitative crime of blackmail and impose exactions on,different places on the same consumer rights act has been the opposite of the case,as well as some migrant workers due to aggressive behavior is being discussed by the criminal law regulation of the phenomenon,this shows that the crime of blackmail and impose exactions on generalization of the trend,some should be regulated by civil law and administrative law,which is regulated by the criminal law,according to the spirit of criminal law,the more developed society,the more developed the law,private law should be the main social norm of social management,the proportion of the application of the criminal law should be more and more small,criminal law as the last line of defense of the rule of law,should be used with caution,too much applicable criminal law,not only caused great waste of judicial resources,but also fight against the people's confidence in the exercise of the rights conferred by the law.In this paper,the comparative research method and case study method are used,through the comparison of relevant theories at home and abroad and the actual situation of China,exercise related to crime and the rights of blackmail and impose exactions on the boundary,through the real case and the judge's judgment reasoning and scholars dispute and the related theoretical research,the legislation of the crime of blackmail and impose exactions on boundary point,I hope to give the definition of the crime of blackmail and impose exactions on provide some modest.Only the correct definition of the perpetrator of the crime,to determine a reasonable charge,in order to achieve criminal responsibility for.