消费维权过程中的“敲诈勒索”行为的定性——以周某、陈某敲诈勒索案为例.pdfVIP

Abstract In ordinary cases of extortion, because the perpetrator and the victim usually do not have antecedent legal disputes, it’s easy to identify the perpetrators extortion. But for extortion happens in the process of consumer rights protection, because the perpetrator has a legitimate right to claim against the victim, it’s hard to identify the perpetrators subjective purpose.On the other hand, in the civil sphere, when the exercise of rights is balked, the rights holders will inevitably to use some auxiliary means, forcing the other to fulfill their obligations as soon as possible. So it’s also quite difficult to draw a clear distinction between these auxiliary means and “blackmail behavior” in the extortion crime. These two major theoretical problems results in different judgments under similar cases, and have affected the authority and fairness of the criminal law greatly, and become dual hot issue in the studies of criminal and civil law in recent years. In order to better define extortion in the process of consumer rights protection, this article take Yanjing Beer Case for example, combining with extraterritorial legislation study, starting with the perpetrators subjective purpose and behavioral means, making use of the comparative method, Interest balancing method, and economic analysis method comprehensively, demonstrating such behavior is the exercise of property rights essentially and is a way of resolving civil disputes. The disputes arise from the imperfection of Civil laws and regulations of our country. This article specifically addressed the regulation principles and means of such behaviors:As long as the means of right protection