According to multiple media reports, on December 22, the public security authorities took criminal coercive measures against Chen on bail pending trial for alleged extortion. According to previous online rumors, Chen submitted a huge "breakup fee" request of 9 million yuan to Huo. Regardless of the course of the relationship between two people, it is not appropriate to comment on what is right or wrong in the relationship, since it is neither the party involved. However, as a legal person, the relevant legal issues that have initially surfaced in this case can be fully explored. It is believed that the general public will also raise questions such as "what fees can be recovered during a breakup", "whether one party can propose 'youth compensation' to the other party", and so on. Regarding the economic demands raised by one party during a romantic breakup, is it breakup negotiation or extortion? This article briefly discusses some related issues.

1、 How to distinguish between negotiation and extortion when breaking up?

The key to distinguishing between legitimate negotiation and extortion is to see whether the party who takes the money has the objective performance of "threatening the other party with some positive means of infringement", as well as the legal rights foundation, and whether the two parties are in a significantly unequal position.

The dominant position in negotiations is different from extortion. Using the advantageous position formed by factors such as poor information and the weak psychology of the other party to strive for more benefits in normal negotiation and negotiation is still a legitimate exercise of civil private rights in essence. As for the criminal crime of extortion, using threats, blackmail, intimidation, and other means to force the victim to surrender property is the main objective behavior. In a love breakup, if one party seizes some of the other party's tricks or creates some excuse to force them to deliver property, such as threatening to reveal privacy, disclose certain secrets, or report certain illegal facts, as a condition for inflicting harm, it can evolve into extortion.

2、 Chen has been taken criminal coercive measures due to alleged extortion. What consequences will he face?

According to the provisions of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Extortion, extortion of public or private property valued at 2000 to 5000 yuan or more, 30000 to 100000 yuan or more, and 300000 to 500000 yuan or more should be recognized as "relatively large", "huge", or "particularly large" as stipulated in Article 274 of the Criminal Law. According to some information posted online, the amount of alleged extortion by Chen may have reached a particularly large standard. Once identified as constituting this crime, he may face a penalty of more than 10 years in prison and a fine. Of course, the relationship between crime and non crime, as well as the specific conviction and sentencing, still needs to be objectively analyzed and judged based on the further development of the case and the facts identified by the judicial organs.

3、 Will one party be involved in the emotion of extortion in the property disputes after the breakdown of their marriage?

In addition to the breakup of male and female friends such as Huo and Chen, some parties whose marriages have broken up also involve property division, such as Wang Mouhong, who has been paying close attention recently. However, there are significant legal differences in the negotiation of these two economic demands. In the division of property after the breakdown of marriage, both men and women themselves have joint ownership of family property, and both parties have a legal basis of rights. Negotiating on the division of property is legitimate and reasonable. For lovers who have not entered a marriage, the two parties themselves generally do not form common property. For the property of the other party, one party often lacks a reasonable claim for ownership, and does not have a personal relationship foundation to claim property rights from the other party.

Of course, in disputes over the division of property after divorce, it is not absolutely impossible to be suspected of the occurrence of the crime of extortion. The division of property after divorce itself has clear legal rules, unless both parties voluntarily reach a division agreement. "If one party, based on malicious intent to gain more by taking advantage of the other party's privacy and other means, obtains an excessive share of property that should not have been obtained through threats, blackmail, intimidation, etc., it will also constitute a crime.".

4、 When both lovers break up, can one party's youth compensation request be supported by law and reason?

In real life, when a breakup occurs due to a romantic relationship, it is not uncommon for one party to consider himself a victim and request the other party to pay compensation for the breakup, youth loss, or spiritual compensation. We may collectively refer to the names of these fees proposed by the other party as "youth compensation.". So, can such a requirement be supported by law? Is there a corresponding ethical basis?

First of all, the so-called "youth compensation" has no basis in the law. Of course, depending on the specific situation of the relationship, one party voluntarily gives the other a certain amount of compensation, which is not prohibited by law. However, if one party is unwilling to pay compensation, and the other party forcibly demands it through coercion, intimidation, and other means, it will be suspected of committing a crime.

Secondly, unilateral claims for "youth compensation" lack a reasonable basis. The development of love to marriage is an ideal state, but in reality it is not inevitable. We often talk about equality between men and women. After breaking up, we say that we wasted our youth, which is also a waste on both sides. How can we judge whose youth is expensive and whose youth is cheap? On what basis does one party forcibly demand from the other party? Any judgment of right and wrong should fundamentally return to common sense, common sense, common sense, convention, and normality. I believe that such a view also conforms to the general feelings of the general public.

5、 When male and female friends are together, they often don't care much about the gains and losses in terms of money. So what possessions can be claimed back when breaking up?

"If the gift of property is only for the purpose of expressing the love between lovers, or for daily living expenses, it is a general gift based on ordinary life experience. Once delivered, the ownership of the property changes, and it is given to the other party without compensation. The party receiving the property may not return it.". "If the gift of property is premised on marriage, such as large expenses such as buying a house or car, and has the nature of a wedding" betrothal gift ", and the purpose of the gift fails after the two people break up, according to relevant judicial interpretations, the recipient should return it.".

6、 Have there been any instances in the past where breakup fees have ultimately led to criminal cases?

In reality, it has occasionally occurred that seeking separation fees has led to criminal cases. Compared to the recent incident between Chen Yulin and Wu Xiubo, when the two parties ended their seven-year extramarital relationship, Chen Yulin made a request for a separation fee of 37 million yuan (attempted), which was later determined by the judicial authorities to constitute a crime of extortion and sentenced to a fixed-term imprisonment of three years with a suspended sentence of three years. In addition, charges that may be involved in seeking a separation fee include extortion, illegal detention, robbery, and defamation.

7、 Recommendations and warnings

The relationship between love and money should be treated rationally. Both men and women, do not disregard everything and lose yourself just because you are in love, nor do you resort to any means to vent your dissatisfaction after breaking up. In love conflicts and disputes, even if either party believes that they have indeed been harmed, they should take legitimate and reasonable ways to express their claims, safeguard their legitimate rights and interests, and never take risks. Touching the bottom line of law and morality can only lead to a mistake and everlasting hatred, destroying oneself and hurting others.

(This article is translated by software translator for reference only.)