On The Boundary Between The Exercise Of Rights And The Crime Of Extortion

With the rapid development of China’s economy and the gradual improvement of the rule of law,the citizens’ awareness of the protection of rights has been greatly improved,and the personal rights protection cases in life have been increasing day by day.Subject to take measures to restore the legitimate rights and interests of infringement,often take a threat or blackmail means for property or property benefit,sometimes ask for property far more than the amount of the losses,whether the exercise of the rights of a make crime of extortion,is the theoretical research of "the right to exercise and the crime of extortion boundaries" problem.Represented by the British common law countries and continental law system countries represented by Japan,to exercise their rights to threat or blackmail means excessive rights behavior problems if the case constitutes the crime of extortion,have experienced several stages of change,but in the end for this kind of excessive rights behavior have not constitutes the crime of extortion.Focus on the present situation of the study on this problem in China,the criminal legislation without clear provisions about this problem,also does not have the unification principles in practice,the criminal law theory to study the problem of lack of system.In exercising the right of three elements,namely reason objective justification,purpose and means rationality as the breakthrough point,to the right of exercising situation of excessive rights behavior definition,analysis of the sexual,means extreme sex,aim for complexity and other characteristics,selection of consumer excessive rights behavior and health rights behavior as a breakthrough point,through the analyzing the two typical excessive rights,right to exercise and the boundaries of crime of extortion,makes the regulation of our country criminal law on the crime of extortion more perfect,at the same time to prevent improper judicial practice to expand the scope of punishment of the crime of extortion.