With traditional thinking authority means photograph is compared, the characteristic that because its are quick and efficient,network thought fors the time being, what suffer the person that thought fors the time being quite is close look at. The friend that looks for Yang Yichuan intermediary to undertake network thought fors the time being recently is not little, here, this world wants special remind, the means that thought fors the time being must reason, objective, lawful, if used incorrect means, coerce for instance, minatory, made blackmail crime very likely. This thes loss outweights the gain.
Basis " amendment of criminal law of People's Republic of China (8) " the 40th regulation: "Blackmail is state-private property, number is larger or for many times of blackmail, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; Amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above, punish gold. Punish gold..
Red line has trodden when to arrest everybody thought fors the time being, yang Yichuan intermediary discusses the case of means of authority of a few impropriety dimension in this.
1. accuses in the economic profit with reasonable lack the premise that beg falls, put forward to let the injured party pay a huge sum money, continue to appeal for help otherwise, can make blackmail crime.
For instance, should appeal to if lack rational basis,beg, and appeal for help with behavior person the compensation fund of a requirement and pecuniary loss do not have immanent connection, not be the behavior of proper exercise creditor's rights at this moment; Force the injured party to give the action that pays property through coercing to this kind, can make blackmail crime.
2. is in appeal for help appeal to beg after be able to solve, beg with appealing to inconsequently continue to appeal for help, coerce the injured party to force its to give pay property, do not stop to appeal for help otherwise, make blackmail crime.
The right of this behavior exercise does not have proper sex, the injured party coerces to force its to give those who pay property below this case, its obtain the means of property to also do not have proper sex, and those who accord with blackmail blame form, with blackmail blame punish.
3. with fiction " high spending " coerce for excuse photograph, demand others money forcibly, make blackmail crime.
This behavior from subjective going up is with conspire illegal profit is a purpose, be not the proper interest that maintains oneself, because the behavior of visit humanness is not civil meaning,go up pursue the action that demands consumptive money, however blackmail behavior, make blackmail crime.
Yang Yichuan intermediary reminds, it is only in allowable creditor's rights range, the behavior ability that demands property for the person all right is considered as the creditor's rights with proper exercise. In the range that has exceeded legitimate right, inside the range that exceeds part and right share to be able to part, establish blackmail blame to exceeding a share, be in cannot intersected circumstance, with respect to whole, establish blackmail blame. Dimension authority is the way that we redeem pecuniary loss, everybody is best before thought fors the time being can set related understanding first, lest crossed red line.
