Differences Between Exercise Of Rights And Crime Of Extortion

China's "criminal law" on the crime of extortion adopts the form of accusation.There is no unified conclusion on the boundary between the exercise of rights and the crime of extortion in theory and practice.At present,the main focus of dispute is whether the defendant's behavior is beyond the scope of civil disputes?Can we conclude that the purpose of illegal possession of public and private property can be judged by the huge amount of claim?Does the act committed by the defendant constitute the crime of extortion?This paper attempts to answer the above questions by means of concept analysis,comparative analysis and case analysis.The paper is divided into three parts.The first part is to analyze and sort out the theoretical basis of the exercise of rights and the crime of extortion.(1)it expounds that the basis of rights comes from facts and laws,and the determination of the scope of rights without legal provisions is inseparable from the social ethical order formed in history And the moral concepts that have been in people's minds for a long time have laid the legitimate foundation for such rights which are lack of legal provisions but are recognized and supported by the society.(2)The threat and coercion means of extortion refers to the means of "evil harm" communicating with each other to make the victim fall into fear and deliver property.It does not exclude the minor violent means implemented by the actor on the spot and not completely restraining the victim's resistance.(3)Whether the purpose of illegal possession of public and private property can only be judged according to the evidence of the case,and through the deduction of logic and empirical rules.Only by clarifying the concept can we guide the direction of further analysis.The second part points out that because the boundary between the exercise of rights and the crime of extortion involves two aspects,there is no unique influence Elements can distinguish the two,but should be combined with a variety of elements to analyze.(1)The part of right exercise is to judge whether there is an objective right basis and whether the exercise of rights is beyond the scope of rights.(2)Extortion part of the analysis of how to identify the purpose of illegal possession of public and private property and its impact on the distinction between the exercise of rights and the crime of extortion.(3)As for the determination of the damage result,this paper supports that the key is whether to damage the party's freedom to decide his own property disposition,and to judge the social harmfulness of the damage result from the objective standpoint after engaging in,so as to accurately identify the crime,crack down on the crime,and protect the legitimate rights and interests of citizens.The third part:using the second part of the analysis of various factors,combined with the theory of the crime of extortion,this paper analyzes the boundary between the exercise of rights and the crime of extortion in the specific cases of mild violence,exorbitant price,mental damage compensation,in the name of safeguarding rights,in order to broaden the scope and scope of thinking on this issue to a certain extent Depth.