Qualitative Study On The Exercise Of The Right Type Of Blackmail And Impose Exactions On Behavior

Exercise of the right type of extortion refers to the act in order to achieve their right to determine or restore their legitimate interests, the use of threats or blackmail means to make counterpart behavior generates fear, and thus achieve the purpose of exercising any right or benefit. Exercise of the right type of extortion if it is a legitimate exercise of the right of behavior, depending on whether they meet the conditions of the exercise of legitimate rights. A legitimate exercise of the rights must meet three conditions, namely objectivity rights; legitimacy purposes; necessity means. Only if it has these three conditions in order that the perpetrator is to exercise their legitimate rights. Extortion and illegal possession of subjective aspects must have the property of another object, we must implement the threat or blackmail behavior objectively. Extortion and exercise the rights of the original are two completely different concepts, however, when the behavior of people to exercise their right to safeguard their legitimate rights and interests, which means likely to meet extortion offense is characterized, then what is a legitimate exercise of the right behavior or The perpetrator must be clarified.Through the common law and civil law more representative analysis of four national laws, we find out whether the exercise of rights by means of the threat or use blackmail the perpetrator acts constitute a crime, there will be different results at different times found, but the common feature of these countries are excluded from the subject of criminal behavior to judge the behavior of people to exercise their rights, that judge the subjective aspect and objective aspect of human behavior meets the constitutive elements of crime of extortion. In common law countries, the British and American law have gone by focusing on subjective factors to pay attention to subjective and objective factors combined transformation. Civil law countries have attached great importance to actors in the implementation of the threat or blackmail behavior really have a right objective, and in order to determine the nature of the behavior of the actor, experienced by the focus on the objective elements to focus on a combination of objective and subjective factors It changes.Professional fake demanded compensation in qualitative behavior; consumer rights in the qualitative behavior demanded huge compensation to the government and state organs claims qualitative behavior; behavior to obtain compensation for moral damage qualitative, judicial practice is more common type of the right to exercise extortion extortion, to determine whether these acts constituted extortion, must be subjectively on whether the purpose of illegal possession of property of others from the perpetrator, whether to implement the threat or blackmail behavior objectively. Whether the perpetrator was a legitimate exercise of their rights, to see whether the act in line with the establishment of a legitimate exercise of the rights of the elements, if so, you can identify the perpetrator was a legitimate exercise of their rights, if not, you can determine the behavior of human behavior is illegal, in serious cases it may also constitute a crime, such as extortion, intentional assault or illegal detention.