Qualitative Research On Legal Cases Of Extorting Properties During Rights Exercise

Extorting properties during rights exercise is guilty or not guilty in dispute at thejudicatory practice and the verdicts are also in difference. Three cases will be introduced inthis paper which cause universal controversies. This paper classifies illegal behavior of civilcases and criminal offence, established conditional analysis towards racketeering offensetowards committing criminal nature. Based on the analysis, some general solution principlesfor other similar cases have been put forward.This text contains four partsThe first part introduces three causes of extorting properties during rights exercise, andputs forward controversies in this kind of cases. First, whether people have the rights todemand properties by coercion when their not-property rights have been invaded. The second,is the exercises process of right for demanding a huge sum of properties by coercionnecessarily indicating people have the purpose of illegal occupancy. The third, extorting hugeamounts of property, whether it means that the perpetrator subjective purpose of illegalpossession rights exercised by means of coercion. Based on penal code theory and judicatorypractice about the above-mentioned controversies, the paper explains these differentstandpoints and background reasons.The second part reveals the nature of crime, explore illegal behaviors of civil cases andthe boundaries of criminal offence, so as to clarify theoretical basis to confirm crime elementsfor exercising rights with coerce means for wealth and properties. The paper first looks forcriteria to differentiate illegal behavior of civil cases from criminal ones. Via the introductionto the domestic and international criminal theories and evaluation first, whether illegalbehaviors seriously outstrips social standard is deemed as the standard to classify illegalbehavior of civil case and criminal offence. From the theoretical point of views, extortingproperties during rights exercise will be classified as civil law offence as well as criminaloffense. Only in case of sever outstripping social code will be assessed as crime of extortion.The third part introduces offense conditions for crime of extortion, including subjectivepurpose of illegal occupancy, behavioral extortion, so as to examine boundaries concerningcrime of extortion between civil code breach and criminal code offense. The paper also explains significance of purpose of illegal occupancy for properties in legal offense.Based on boundaries concerning crime of extortion between civil code breach andcriminal code offense, the fourth part explores routes for qualitative research on Legal casesof extorting properties during rights exercise, putting forward general principles for solvingthose cases. From three perspectives, the author has analyzed if extorting properties duringrights exercise is criminal offense. First, if there’s illegal bases for extorting properties duringrights exercise. And second, if there’s any illegal occupancy purpose of extorting propertiesduring rights exercise. The illegal occupancy is the subjective boundaries factor. To determineif the doer has the illegal occupancy, judicial presumption is needed here. Due to the doerexercising uncertain rights originally presume they claim a reasonable amount, in accordancewith the rules of constructive, according to the rules of presumption, we can not naturallyconclude that extorting properties during rights exercise is necessarily connected to illegaloccupancy purpose. Ergo, extorting properties during rights exercise and illegal occupancypurpose are not directly correlated. And third, to evaluate if extorting properties during rightsexercise severely surpass social code. If the criteria has been met, the there’s possibility ofcrime of extortion or other forms of criminal offense.