On The Exercise Of The Right To The Boundaries Of Behavior And Extortion

As the socialist market economic system and rule of law develop, people’sright-protection awareness has been strengthening gradually and the events of defendingrights occur frequently. In the process of defending rights, the subjects of right often threatand coerce to obtain money or even a huge amount of property. Whether this action isextortion or not, it depends on the boundary between exercising rights and extortion. Thecontinental law countries and common law countries make different judgments according tothe specific social background. However, the overall trend is not guilty in these cases. In thejudicial practice of our country, there is no unified principle and the criminal law theory alsogives little thorough and systematic researches on this subject. This paper mainly takes thecontent of rights of consumer, creditor and petitioner as the entry points and gives aboundary of exercising rights and extortion from different levels, the author also clarifies therelationship between the two and draws a conclusion: exercising the right is not extortionexcept in the special situations.This is not only in conformity with the principles of criminallaw,the reflection of fairness and justice,but also is conducive to the proction of the freedomof conduct,the legal order and the property order.