analysis extortion identified（分析勒索确定了）.docVIP

Analysis extortion identified Essentially characterized by abstract extortion crime perpetrator out illegal possession purposes, the use of coercive means to impose on others the spirit mandatory in order to gain the other property delivered, but the behavior of people for no reason in the judicial practice of extortion others more rare, is always based on reason or excuse, that is extortion accompanied certain exercise rights violations, how to accurately grasp the provisions of the criminal law on the crime of extortion, protection of legal interests clearly blackmail, to distinguish extortion subjective purpose The combination between the objective behavior change, and to distinguish between a legitimate exercise of the right behavior and by the exercise of the rights of the name intimidate Le fiscal real relationship between the judicial practice was particularly important. The paper Keywords the extortion exercise of the powers legitimacy suability Extortion, illegal possession for the purpose of blackmail, threats to others to implement, obtain a large amount of public and private property behavior (the province at present relatively large amount of the standard for more than 1,500 yuan. Extortion constitute: behavior of people for the purpose of illegal possession of others implement blackmail, threats - the other generating intimidation psychological - the decision to dispose of the other based on intimidation psychological make property - the perpetrator obtaining property. understanding of criminal law provisions and guilt, sin identified on seems to be little doubt that, but in the process of judicial practice, but often on many issues controversial cases of the same nature in different judicial organs tend to make the opposite identified some real cases, I combined hereinafter briefly elaboration. The rights disputes exist purpose of illegal possession perpetrator how to identify Case 1: The the Wang brothers and Lee and his son at one con