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敲诈勒索犯罪的本质特点在于行为人出于非法占有目的,使用胁迫手段对他人施以精神强制,从而获取对方交付的财物。但司法实践中行为人无缘无故对他人进行敲诈勒索的情况较为少见,总是基于一定的理由或藉口,即敲诈勒索行为中又伴随着一定的行使权利行为,如何准确把握刑法对敲诈勒索罪的规定,明确敲诈勒索罪的保护法益,分辨敲诈勒索主观目的与客观行为之间的组合变化,以及区分正当行使权利行为与借行使权利之名行恐吓勒财之实之间的关系,在司法实践中显的尤为重要。
The essential feature of extortion and extortion is that, for the purpose of illegal possession, the perpetrator uses coercion to force others to obtain the property delivered by the other party. However, it is rare for the perpetrator to extortion someone else for no reason in the judicial practice. It is always based on certain grounds or excuses that the extortion and extortion act with certain rights and how to accurately grasp the criminal law of extortion Stipulates that the law of protection of the extortion should be clarified and the relationship between the subjective and objective behavior of extortion and blackmail should be distinguished and the relationship between the rightful exercise of right and the terrorist act of terrorizing the right should be distinguished from that of judicial practice In the significant is particularly important.