Limitation Of The Crime Of Extortion From The Perspective Of The Unified Principle Of Law And Order

Whether the exercise of rights constitutes a crime of extortion belongs to the issue of linking criminal law with civil law,mainly referring to the division of labor between criminal law and civil law when dealing with acts involving the protection of rights.The exercise of rights as a cause of obstruction bears an important function of committing a crime,which is related to the boundaries of criminal law’s involvement in social life,as well as the limitation of the crime of extortion.This article attempts to introduce the principle of unity of law and order as a bridge to solve the problem of the connection between criminal and civil rights in the exercise of rights,and focuses on setting the judgment path for the connection between civil and criminal rights in the crime of extortion.Under the guidance of the principle of unity of law and order,adhere to the differentiated judgment rules,distinguish between civil lawful and civil unlawful situations,and further clarify which acts can be resolved through civil law and which must be regulated by criminal law.Adhere to the substantive judgment rules under the unity of law and order,choose the relative subordination theory of criminal law as the position of judging the criminal illegality of the crime of extortion,and independently judge whether it constitutes the crime of extortion.In order to provide a paradigm reference for judicial practice,this article is divided into three chapters in addition to the introduction and conclusion:The first chapter "The crime of extortion shows an expanding trend in judicial application" illustrates the expanding trend in the current judicial situation of extortion through typical cases.Chapter 2: "The principle of unity of law and order can deal with the restriction of extortion." This chapter proposes that in the face of the expansion trend of extortion in judicial application,the principle of unity of law and order should address the unclear judicial application,buffer the tendency of severe punishment in criminal justice,and provide a restriction paradigm for extortion by clarifying the boundary between criminal and civil law.Chapter Three: "The expansion of the restrictive path of extortion under the guidance of the unified principle of law and order." This chapter,under the guidance of the unified principle of law and order,uses the exercise of rights as the core basis for restricting the crime of extortion through discriminatory judgment rules;The criminal law evaluation path of crime and non crime of extortion is constructed through substantive judgment rules.