The Study Of The Crime Of Extortion In The Field Of Consumer Rights Protection

To study the crime of extortion in the field of consumer rights protection,to judge whether the behavior of consumers' rights protection constitutes this crime,depends on whether the consumer's rights protection behavior meets the constitutive requirements of the crime of extortion.The improper crime of racketeering constituted by consumers' rights protection must be the legal interest that infringes on the criminal law,which is necessary to clarify the relevant provisions of our criminal law on the crime of extortion against legal interests.It is generally believed that the legal interests of the crime of extortion are complicated,including the public and private property rights and the personal and other rights of the victims.While consumer rights are common,they often bring high claims to remedy their own rights and interests.In such cases,by fabricating false information,some consumers have damaged the business reputation of the operator and constituted damage to their personal rights and interests.The behavior of consumer's rights protection belongs to the "threat" and"blackmail" of the crime of extortion.The criminal law of our country has relevant provisions on the crime of extortion and extortion.It is beyond doubt that certain rights actions of consumers can cause fear to natural person operators,but whether legal person operators can produce property,there are different views on fear psychology.Consumers' "threat" by exposing to the media or destroying related goods in public places can be regarded as a "threat" in the crime of extortion,and the"blackmai" behavior still needs to be deeply discussed.Consumers should have the objective of illegal possession subjectively.To put it popularly,"purpose of illegal possession" refers to the absence of legal or factual basis.How to grasp the relationship between the amount of claim and illegal possession,whether the huge amount of claims means that consumers want to possess the legitimate property that belongs to the operator subjectively.Can consumption be determined under multiple claims?Is it subjective that a person is not defending his rights but trying to occupy the property owned by the operator?In the field of consumer rights protection,there are also special subjective crimes and non-criminal determinations.Compared with claims made by ordinary consumers after buying fake products without their knowledge,a person who knows that a fake purchase is a fake,even if he knows subjectively that it is a fake and claims for the purchase of a fake,should also be recognized as a consumer.The existence of the fake is an objective fact,not a malicious fabrication by the person who bought the fake.Subjective knowledge can not prevent the identification of its consumer identity.When the lack of a claim for compensation can still be found to constitute a crime of extortion;professional commentary making claims to Taobao store by giving negative feedback,with subjective malignancy,the amount of claims a larger or more than three claims within two years constitute a crime of extortion.