Extortion And Non-crime Research

In the process of safeguarding rights,whether it violates the red line of the law and the crime of extortion,whether in theory,academia or in the judicial practice,the voices of controversy have been constantly,we hold different views.For example: as everyone knows the price of ASUS notebook computer Huang Jing claims,Zhou Ruike,Chen Xiantao Yanjing Beer huge compensation case,fake King collectors Ping Ma Jiwen petition government blackmail and impose exactions on case,extortion case,and more recently Li Haifeng a ripple of convenience for eating expired jinmailang company claims.In addition to the introduction,concluding remarks,references and acknow ledgements,there are three parts in this paper.The first part is the crime of subjective and objective to blackmail and impose exactions on constitution as a starting point,elaborated by purpose,illegal possession of the perpetrator's direct intentional form and objective form and other factors,so that we can more clearly show the structure of the crime of blackmail and impose exactions on;at the end of this chapter,by comparing with the common law and civil the definition of the crime of blackmail and impose exactions on legal system in the preface,to solve the problem.The second part,the first chapter on the basic theory research,the fuzzy zone between the rights and blackmail and impose exactions on exploration,the exercise of rights and safeguard the rights and interests through the analysis of the types and means of legal or not,so that the author's viewpoint of theory.The third part,combined with the theory of the second part,introduces three typical cases controversial,namely consumer rights,means to exposure to the media's wife derailed her husband for mental damages,to petition the lover to blackmail the government to compensation,through accurate judgment of the three case to illustrate the author advocates in judicial practice in.