Research On The Crime Of Extortion And Extortion By Liu And Others

In judicial practice,some real estate agents use threats and nuisances to charge unreasonable fees beyond the contract after concluding a lease with the tenants,or force the tenants to move out of the leased house by forcing them to terminate the lease for various reasons and refuse to return the funds that should be returned,so as to obtain illegal interests.This article through "Liu and others extortion case",the theory and practice of the two controversial issues: whether Liu and others belong to evil forces and liu and others constitute what crime.The first part through "Liu and others extortion crime" case analysis.Combining the different viewpoints of the theoretical and practical circles,this paper summarizes the two focal points of the case,that is,whether Liu and others belong to evil forces and what kind of crime their behavior constitutes.The second part discusses whether Liu and others constitute evil forces.This part in the study of the concept of evil forces,constitutive requirements,on the basis of analysis concluded that ryu and others pass intermediary to organize the implementation of crime,accord with the characteristics of the evil forces,economic characteristics,behavioral characteristics,harm,and its social harmfulness is the underworld property organization degree is low,ryu and other seven people constitute the forces of evil was finally determined.The third part analyzes whether liu and others constitute the crime of forced trading.Compared with the constitutive elements of the crime of forced trading,it is found that the behavior of Liu and others does not meet the characteristics of the crime of forced trading,especially the transaction consideration and its means in essence do not meet the requirements of the crime of forced trading,and finally determined that Liu and others do not constitute the crime of forced trading.The fourth part of liu and others whether constitute the crime of provoking trouble for analysis and discussion.Compared with the constitutive elements of the crime of picking quarrels and provoking troubles,the direct purpose of many behaviors carried out by Liu and others is to possess and claim other people's property,not to show gang strength by occupying other people's property,and finally determined that Liu and others do not constitute the crime of picking quarrels and provoking troubles.The fifth part of liu and others whether constitute the crime of extortion to discuss.Compared with the elements of the crime of extortion,Liu et al.,under the guise of signing a lease to cover up the purpose of illegal possession of other people's property,the use of threats,nuisances and other means to make tenants psychological coercion,so as to obtain illegal benefits.Liu et al.'s behavior in the objective aspect is different from the crime of forced trading,in the subjective aspect is different from the crime of provoking trouble,its behavior meets the requirements of the composition of the crime of extortion,and finally determine liu et al.