Lawyer Chen Shihe: Is it extortion or anti-corruption chivalrous woman?

-beauty of chongqing Zhao Hongxia's Double Face In a few days, beauty of chongqing Zhao Hongxia, who has attracted national attention, will appear in court on suspicion of extortion. It is said that this case is confidential because it involves 1 1 officials' sexual scenes, including Lei He, the former secretary of Beibei District Party Committee in Chongqing. I think it is right for the law to have this privacy clause, otherwise the corruption case led by beautiful women will become a fascinating book. Originally, the details of the "gentle trap" are beyond the scope of this article. The problem to be discussed here has nothing to do with the bed privacy of beautiful women and officials, but reflects decadent officialdom and pathological social chaos from the alienated legal prism through the appearance of beautiful women. Interestingly, the people were indignant and thought that Xia Hong's daughter had the power to fight corruption but was prosecuted. The government is worried that if we follow Zhao Hongxia's example and Americans only need a small camera, can officials escape the temptation of pomegranate skirt? So, persimmons were picked out to punish Zhao Hongxia, which was put on the agenda. As far as the law is concerned, there are so many charges in China's criminal law, which is really a long way to go. Can Zhao Hongxia escape the net? From the narrow point of view of criminal law, perhaps Zhao Hongxia may indeed be suspected of extortion. Through the brief description of the crime in the indictment, Zhao was instructed by his boss and co-defendant Xiao Ye to seduce 1 1 officials, and recorded video materials to his boss privately, and then shared the benefits. The above-mentioned so-called simple statement of charges, if the crime of extortion in Article 274 of the Criminal Law is mechanically led to the right direction, Zhao is instructed by Xiao to shoot the Phoenix image according to his meaning, which is intentional and constitutes the subjective element of criminal law crime; However, the act of Zhao having sex with an official and giving the privately filmed video to Xiao to blackmail the official and then share the benefits constitutes an objective element of criminal law crimes. Although the prosecution seems to fairly claim that Zhao Hongxia is not the principal offender in this extortion case, it seems that the prosecution has doubts about Scott's accessory status in this case, which inevitably makes people feel that Scott's crime is certain. However, the importance of verifying the facts of the case lies in the details. If Xiaomou, the principal offender, only asked poor Xia Hong to sleep with him, sneak shot the video and even share it, how could Xia Hong know what Xiaomou wanted with the video? Logically speaking, Xiao's video recording has several possibilities: to meet his morbid and deformed promiscuous psychological needs; (2) Forwarding the video to friends with sexual promiscuity psychological needs; (3) reselling videos to pornographic producers and sellers; (4) It can be used as a material to continue to coerce other women and coerce Zhao to continue to serve their sex; (5) As the material for threatening the official of Zhao's Bed. Since there are so many possibilities, and the first four "possibilities" are enough to explain the nature of Zhao's victim, it is still too early to conclude that there is a subjective connection with Xiao before the trial finds out whether he knows that his video is the material that must be used to blackmail officials. If Zhao Hongxia still thinks the above possibility exists in his subjective mind, it is the uniqueness, inevitable reason and subjective necessity of the causal relationship constituted by criminal law. In fact, as long as she didn't go to the scene with Xiaomou to blackmail Lei and other sleeping officials, or didn't know the specific situation of extortion, she was the victim. The money she divided was the bitter money that she tried to make a smiling face, not about the success of extortion. Judging from social customs and Jianghu morality, it has nothing to do with Xia Hong whether Xiao directly carries out extortion or not. As long as Xia Hong sleeps with her, as long as she gives Xiaomou video materials, Xiaomou must pay the money, even if Xiaomou does not blackmail or blackmail is unsuccessful, she must also pay the money (of course, this paragraph is not in line with the industrial and commercial tax laws). Therefore, Xia Hong's bitter money should not be understood as extortion in a narrow sense. Therefore, kidnapping the weak Xia Hong to the chariot of extortion will certainly help alleviate the hatred of Chongqing officials, but it reflects the social sorrow and the hardships and misfortunes of the lower classes. Imagine that a young woman, because of her poor family and low social status, has no way to find a job and do business, and can't make a living by proper means. She can only make a living by sleeping with her. What is more tragic is that you can't live a quiet life by secretly selling your beauty to make a living. What a cause and effect and sorrow it is to be coerced by an inhuman boss to record a video of selling his body and give his naked body and smiling camera information to the boss without reservation! Is this compulsion against one's will also a subjective intention in the sense of criminal law? How deformed and morbid this is. How can Zhao Can Xia Hong's helplessness against his will be regarded as * * * consistent with the boss's will and intention? Xia Hong's helplessness in being coerced and cheated subjectively reflects the abnormal condition of the law. Turning a weak woman's helpless idea of making a living into a subjective intention of extortion is essentially the biggest injustice to a grassroots woman in the lower class of society. Even if Xia Hong is allowed to be recognized as an accomplice, it may be a miscarriage of justice, so that Xia Hong can sleep with her in prison and become a victim of "official duties"! Admittedly, sympathy for Xia Hong's daughter cannot be reversed as a reason to praise her anti-corruption work. A dusty woman, without such high consciousness, can't be an "anti-corruption heroine". 1 1 officials, including Lei, were implanted with indecent photos. These indecent photos were "arrested" after the boss Xiao was insatiable or experienced sinners were exposed. The lesson of Lei and eleven officials falling off the horse can only be attributed to the bad luck of the industry, and the key that arouses people's great disgust lies in the dynamic camera. However, if people continue to focus on Lei, it may deviate from institutional thinking and the normal rule of law. Coincidentally, the significance of this case lies not only in the bed rot of 1 1 officials, but also in the matter of/lei, and this is just the tip of the iceberg. To put it bluntly, this is not about Lei alone, nor about 1 1 officials who have an affair. This is the fault of power. If the power of officials is constrained, restricted and supervised, and the power operates under fair, just and open conditions, why do private entrepreneurs like Xiao Ye and others set up this set of evil information to arrest officials? However, it is difficult! It is necessary to take out the official seals, large and small, hidden in Lei's pocket and use them in the sun. How can the dust run away without a broom? Perhaps, eating and drinking has become a thing of the past, and anti-corruption can also be interpreted as a masterpiece.