Consumer Rights Criminal Boundary

In general racketeering case, the behavior and the victim do not exist between rights and interests of the dispute, identified more easily, But in the behavior and victim rights disputes between the consumer rights cases, the nature of the act of qualitative controversial. No matter in the case of identification or applicable law. it has the certain difficulty. And with the development of market economy and the growth of awareness of the consumers, this case appears more and more, In practice how to clarify "excessive rights" and "blackmail" limit become a more difficult problem. This article attempts to subjective purpose and means to act as the breakthrough point, discuss the blackmail and impose exactions on whether an act constitutes a crime, and tries to explore consumer rights protection of criminal law boundary.This paper is divided into five parts of "consumers' rights" behavior nature of qualitative problem discuss:The first part introduces the basic of Huang Jing " sky-high claims" , as the breakthrough and the analysis of the starting point, in order to raises issues for the following discussions providing factual basis.The second part summarizes main focus of dispute cases, One is Huang Jing claims $5000000 to ASUS company whether to belong to illegal possession, the amount claimed does influence the qualitative behavior; The second is that it is a racketeering the SINS of "hostage" to this way of business to form the " the psychology of fear" to media exposure or other similar to the way that coerce. The third is evaluation "blackmail" behavior from theory of law benefit protection.The third part, on one hand it reads article 11 and 34 of Consumer Protection Law and Clarifies the consumer has the right to get compensation when interests are infringed. On the other hand it reads article two hundred and seventy-four of the criminal law, from the perspective of a crime, analysis of crime. The key is to blackmail to this crime objective elements is expounded, the analysis and the discussion to lay the foundationThe fourth part with a case from three aspects comprehensive analysis and discuss the nature of the action of actor: One is from the cause of, no fruit, legal argument and subjective objective existence; The two is the analysis of behavior of man means whether it constitutes a crime of blackmail and impose exactions on objective condition and the impact on consumer's psychology degree; The use of law and criminal law profit violation to principle, analyze the behavior of the actor in this case if the infringement of the criminal code protection law benefits and whether to need to start to adjust the criminal law .The fifth part summarizes and researches. Through the case analysis, put forward to in judge "blackmail" and "over rights" process should be considered in several breakthrough point: One is the subjective purpose ; Two is means legitimacy ; Three from the legal perspective, whether need to start criminal law. In order to solve this problem provides the method and way. And they point out that in practice the case because of the diversity and complexity, also need to combining the facts of the case, to make the case that the overall judgment and evaluation.