Exercise Of Rights And Crime Of Extortion Analysis

Extortion is not uncommon in human society,and with the development of society,the methods of extortion also show a variety of trends.There are also some criminal cases result from rights protection in judicial practice including consumer rights protection,rights dispute claims and petitions for rights protection.Because these cases are between exercise of rights and crime of extortion,there are disputes in judicial practice,and also have different conclusions in some cases.This thesis discusses the boundary between the exercise of rights and the crime of extortion through five parts.First,the definition of extortion is stated in respects of criminal law,judicial interpretation and theory.Then,from the perspective of property loss,the author argues that theory of legal-economic property is more suitable for consumer rights protection,rights dispute claims and petitions for rights protection.Next,the constitution of extortion is introduced,including(1)the way of extorting;(2)the purpose of illegally possessing other people’s property;and(3)the causal relationship between suffering from property loss of the victim and the threatening behavior.Finally,the author briefly states the boundary between the exercise of rights and the crime of extortion briefly.As a consequence,the legal basis of the boundary line between exercise of rights and crime of extortion that involved in the following cases of rights protection is solidly built.Second,the author argues the boundary line between rights exercise and crime of extortion in consumer dispute cases in two angles.To begin with,the relationship between claiming a massive amount of compensation and the purpose of illegally possessing victim’s property is discussed.Claiming a huge amount of compensation may be considered as illegal possession of the actor.Nevertheless,it cannot be convicted as constitution to crime of extortion without the combination with the approach that actor uses.The action may become crime of extortion if the actor uses approaches beyond necessary.What’s more,the relationship between the media exposure and the action of threats is discussed.It is legal in principle that citizen exposure social events to the media as a way of exercising their social supervision right.The improper purpose ofthe actor behind the exposure,however,may turn the exposure into a behavior of threat.Further,it may constitute extortion if the actor fakes the fact to claim a massive compensation.Thirdly,the author describes the boundary between rights exercise of a creditor and the crime of extortion in cases of debt dispute.This part mainly discusses whether it is a crime of extortion when creditor intends to realize claims by illegal ways.The key to identify these two behaviors in such case is the legitimacy of the claims.If the claim is legitimate,creditors have no illegal possession while the debtor does not suffer from property damage,as a result,actor did not constitute crime.If the claim is illegal,the conclusion is opposite.Finally,the author describes the boundary between rights exercise and crime of extortion in petition cases.This part mainly discusses whether a petition can be considered as the behavior of threat.In this thesis,the author suggests that petition is a form to exercise supervision given by law.Hence,it cannot be threatening behavior.In spite of that,if the actor uses other illegal ways to gain other illegal benefits,it will constitute crime.On the other hand,in such kinds of cases,the fact of infringement rights inevitably exists,therefore the judgement should be prudent,and not all cases should be convicted.On summary,the thesis begins with the concept of extortion and criminal constitution and relates many cases to explain the boundary between the exercise of rights and the crime of extortion.