Extortion For Using Rights

The definition for the act of extortion in the process of using the rights is controversial in both theory and practice. for which, the writer will have an introduction of foreign criminal law evaluation about the problem and define the theory for the solution to the problem . Finally, the writer present his ideas about the act of extortion in the process of using the rights.The paper consists of four parts.The first part lists different controversial ideas and reasons in both theory and practice through the four typical cases for the problem, which is different from the writer's ideas. For weather the act of extortion in the process of using the rights forms blackmail or not, theoretically, there are two kinds of controversial ideas: idea of being innocent and idea of being undetermined. And practically there are also two controversial ideas.The second part introduces different foreign criminal law evaluation for the act of extortion in the process of using the rights, In the United Kingdom, the punishment for the act of extortion in the process of using the rights is expanding in the scope. In Germany, in general, there is no punishment for the act of extortion in the process of using the rights. And in Japan, it experiences two changes of punishment for the act of extortion in the process of using the rights.The third part is about defining Protection Law of Legal Interests in China, based on the different ideas about Protection Law of Legal Interests of crime of extortion. In Germany, the Protection Law of Legal Interests of crime of extortion includes three ideas: law property idea, economy property idea, and law ?economy property idea. Japan has its own different ideas about the Protection Law of Legal Interests of crime of extortion , such as right in essence. The different ideas come about different definitions about the act of extortion in the process of using the rights.The fourth part is about the writer's ideas for the act of extortion in the process of using the rights, For example, The nature of the act of extortion in the process of using the rights is determined by Criminal Law about crime of extortion. Subjective purpose in conjunction with the conduct and behavior to determine the combination of the nature of the act of extortion. The exercise of the rights of extortion does not infringe the protected interests of blackmail. Exercise the right to request huge amounts of property in the threat to blackmail the perpetrator does not mean that the illegal possession of other people's property with the purpose. Threat of coercion are not necessarily acts of extortion in the behavior. The first part of the issue in three cases does not constitute extortion.