A civil dispute in Yuzhou, Henan Province, has become a crime that arose on February 12, 2018, when a couple stopped each other due to an argument, and Ren was a truck driver.
Transporting supplies for the couple, inexplicably involved in a dispute between the two people, after Ren was towed away, he wanted to drive away, but the two tore each other apart.
The two groups clashed, Li Moupei and others closed the factory gate, they created friction, so that the driver Ren could not leave, so he blocked the road with a forklift, blocked Ren's car in the factory area, and unloaded the motorcycle wheels.
They want to snatch this batch of goods and fight with Ren again, a person's strength is limited, and Ren is powerless to resist at all, so this stop is 44 days.
Li Moupei's father, Li Mouku, also participated in the incident, he was the first obstacle to Ren, and insulted Ren, causing the car to be parked in the factory.
For a person who drives, this is a big blow, he has to pay a mortgage of 20,000 yuan every month, and if he is harassed for another month or two, he will really go bankrupt, Ren thinks this is a very serious matter, so he decided to call the police.
Ren was injured and must be properly **, and the party proposed to settle, so he filed a claim of 30,000 yuan, and the person promised not to complain in the future.
As a result, Li Mouku reported that he was blackmailing, and Ren was arrested by the police without making any response after receiving the compensation, and the court found him guilty, but the problem was that the target of the claim was not on Li Mouku, so Ren was sentenced to five months in prison.
The recovery is reasonable. Li Moupei confiscated Ren's car, but in fact it was Li Mouku who prevented the car from leaving, and his power was greater than that of Li Mouku, so he had to put pressure on Li Mouku and ask him to compensate.
The main reason for this incident is that the driver is innocent, and his original intention was to get his car back, so he was injured for no reason, so he was detained for 44 days, and the infringer should compensate in accordance with the law.
Judging from the market price, the other party does not ask for much money, because the trailer has been idle for more than half a month, so it is reasonable to compensate 30,000 yuan.
Moreover, this is only the smallest loan of Li Mouku, and it has not affected his work, and Ren has no intention of extorting, nor does he ask for more money, so he cannot be considered that he has embezzled his property.
This is the minimum compensation, but also a kind of legal compensation, since the parties have agreed, there is no need to refer to the responsibility.
The local ** and the villagers finally reached an agreement, but now they have reversed their word and framed Li Mouku, which itself is very suspicious, but they still have to pretend to be innocent.
It took a lot of effort for Ren to get the car back, but no one cared about it, and he originally wanted to deal with the matter through legal channels, but Li Mouku promised to give him a sum of money to deal with it privately, and the matter passed like this.
According to the traditional method of handling civil disputes, Ren's behavior is not inappropriate, it is a legal business behavior, and it is worth discussing whether it will be judged as extortion.
Extortion cannot be established.
The biggest reason for Ren's various actions and running around is that he cannot be compensated, which is actually because the relevant departments are ineffective and have done a good job of reporting the matter to the above.
At this time, in order to stop Ren, Ren asked for compensation to recover his losses, and the two hit it off and did not threaten each other.
The crux of the matter is why Ren was arrested by the police, from the perspective of Li Mouku, Ren must have evidence.
Ren grasped the weakness of Li's library, and Ren took the opportunity to ask for a sum, which constituted extortion, but Ren only went to the relevant departments in accordance with the law, how can this be said to be his weakness?
The main reason for the extortion was that Li Mouku refused to pay the compensation, and after handing over the basic compensation of 30,000 yuan to Ren, he felt remorse, so he sued the court.
Article 74 of the Criminal Law of the People's Republic of China provides the following provisions:
The unit shall, in accordance with the relevant provisions of the state, be responsible for the most responsible units and individuals.
Generally speaking, Ren's compensation procedure was not illegal, and went through legal procedures, including the procedure for bringing the tow back and reporting the problem to the competent authority.
Ren did not take drastic measures, but took legal means, which is the legitimate rights and interests of a citizen, and has been recognized by the relevant departments, which is also a fact.
Li Moupei and his biological father Li Mouku did illegally detain Ren's car, which did not constitute coercion, and Ren appealed to ** for this reason, and reported the situation to the relevant departments, which is normal.
If there was no fact that the vehicle was impounded, Ren would not have to care about it at all, and Li Mouku would not have been afraid, and he would not have forced Ren to transfer money.
In the case of a stalemate between the two, Li Mouku proposed the amount of compensation and transferred the funds to Ren, which in itself cannot be regarded as coercion.
The identity and function of the object of claim.
The police believe that Li Moupei is the primary responsibility for this case, especially the seizure of the vehicle, which was led by Li Moupei, so Ren has no right to demand compensation from Li Mouku.
In fact, Li Mouku didn't let them leave because he had a lot of power, from the later mayor of the town to the local police, and then to the local police, everyone was just a soldier who obeyed his orders.
Li Mouku has made a lot of decisions, which shows who is the leader of this matter, in fact, everything is up to him, so it is not too much to bear the compensation.
The audio and other materials provided by Ren have clearly stated the truth of the matter, and it is easy to see who is behind this incident and what charges are used to punish him, which in itself is a bit too much to say.
The reason why Li Mouku did not take action on the impounded vehicle was because he did not need to do anything himself, but was only responsible for decision-making and communication.
In fact, the public security organs should have been aware of this issue and confirmed Ren's claim without any extortion.
Li Mouku should be compensated for the damage suffered by Li Mouku due to the seizure of the vehicle, and the amount of compensation is within the reasonable range, and Ren did not claim infringement.
Li Mouku is actually at fault for this, so Ren's loss is also due, and he only said that Ren should go to the court to ask Li Mouku to compensate.