职业打假中正当维权维权与敲诈勒索的界限——以黄某敲诈勒索案为例.pdfVIP

Abstract With the deepening of the franco-prussian work,the strengthening of the civilian’s right-protection awareness,as well as the implementation of “double indemnity”clause of Consumer Protection Act, there brings out a growing number of professional anti-counterfeiting people who claim indemnity by buying fake products on purpose.As a high-risk profession,it ’s hard to decided whether it is reasonable right-protection or racketeering.Since the first case of which a professional anti-counterfeiting people was charged crime of extortion in the year of 2003,there occuring lots of such cases in the following years,of which some defendants were sentence to not guilty,while others were found guilty.It is always a confusing and controversy problem in judicial practise to decide under which circumstances it is reasonable right-protection of professional anti-counterfeiting people ’s behavior,and under which it is racketeering. This paper starts with a real case,mainly discuss the focus aforesaid first,then analyze the behavior of defendant in this case by combining with right-protection-related laws and regulations in civil law and economic law,as well as constitutive elements of crime of extortion in criminal law,finally reach a conclusion.The purpose of this paper is to clear the boundry between reasonable right-protection and racketeering in occupational fraud,and offer some advice to judicial practice in the future. This paper includes 23,000 words,divided into four parts. The first part:to present basic information about the case,including the cause,the details,the d