On The Exercise Of Rights And The Boundaries Of Extortion

The author has in the law from other people there obtains the belongings or the property benefit right, to realize this right to use the method which the threat either coerces to obtain in its belongings or the property benefit, whether to constitute extorts the crime, this is must study theoretically "exercises the right with extorts the crime" the question. In judicial practice, to this kind of question not unified principle of management. The criminal law theorists also lack thoroughly, system's research to this kind of question. Taking this into consideration, this article extorts crime's constitution important document from the analysis to obtain, to extorted crime's criminal object, the objective aspect and the subjective aspect has carried on the detailed analysis, and proposed own opinion to some hard problems. Then from the constitution important document compliance angle analysis, obtains uses the method which the threat or coerces to exercise the right behavior not to tally extorts crime's constitution important document, enables the right the behavior not to constitute immediately extorts crime's conclusion. But, if exercises the right "the threat or coerces" the method to conform to other crime constitution important document, then this method behavior itself still might constitute other crimes.