On The Distinctions Between Justifiable Safeguard Of Rights And The Crime Of Extortion

This article starts with the problem of extortion when more and more defenders are in the judicial practice and unifies the theory research actuality about the boundary of rights exercising and extortion in both inside and outside of the domain and sums up some main distinguishing criteria of the right rights and extortion.This article includes four parts.The first part is mainly about the distinction between civil rights and extortion in foreign countries.This paper introduces the prospect of the theoretical research on this issue and the present situation of legislation on the basis of the civil law system represented by Germany and Japan and the Anglo-American.The second part is the domestic investigation on the distinction between civil rights and extortion.Firstly,the author analyzes the different viewpoints of different scholars about this problem in our country’s criminal law theory,and then unifies several typical cases in our country’s judicial practice,and finally concludes and analyzes the non-unification of the handling methods and standards of this kind of cases in our country’s judicial practice.The key to further address this problem is the need to have a correct distinction between the right and extortion.The third part is the analysis of the constitutive elements of extortion crime.It is necessary to analyze the constitution of the crime of extortion in order to distinguish correctly the limit of the crime of justice and extortion.While analyzing the crime object,objective aspect and subjective aspect of the crime of extortion,the author compares the related problems of the rights claim involving extortion and the behavior of the rights-defending in practice,and summarizes the difference and relation between them.The forth part is the proof of some specific standards of civil rights and extortion.On the basis of the analysis and argumentation in the previous parts,further from the modesty of the criminal law,the specific amount of claims,the illegal possession of the activist’s subjective purpose,the means of safeguarding rights and the legitimacy of the source of the right,this paper analyzes and demonstrates several criteria for the demarcation of justice rights and extortion.