受到恐吓后拿水果反恐吓对方违法吗？英文双语对照

一般情况下这并不属于违法行为，但如果此时情节比较严重的话，则就有可能被认定为寻衅滋事罪，这种情况下就不仅仅是违法行为了，构成了刑事犯罪的会被依法追究刑事责任，也就意味着当事人要承担的法律责任将更重。

哪些行为会构成寻衅滋事罪?

1、随意殴打他人，情节恶劣

随意，一般意味着即使按照犯罪人的理性，殴打行为也不具有可以被一般人“理解”、“接受”的原因与动机。另外，在中国现阶段，情节轻微的殴打行为不可能成立犯罪。所以，刑法作出了“情节恶劣”的要求。情节是否恶劣，应围绕法益受侵害或者威胁的程度作出判断。

2、追逐、拦截、辱骂他人，情节恶劣

追逐，一般是指妨碍他人停留在一定场所的行为；拦截，一般是指阻止他人转移场所的行为。显然，这两种行为，都是妨碍他人行动自由的行为。追逐与拦截可能以暴力方式实施，也可能以威胁等方式实施。辱骂，是指以言语对他人予以轻蔑的价值判断。辱骂不要求有特定的对象，对一般人的谩骂，也可能成立本罪的辱骂。情节恶劣的判断，必须以法益受侵害或者受威胁的程度为中心。对于追逐、拦截、辱骂他人造成他人轻微伤、轻伤结果或者导致他人自杀的，使用凶器追逐、拦截他人的，多次追逐、拦截、辱骂他人的，追逐、拦截残疾人、儿童等弱势群体的，应当认定为情节恶劣。

3、强拿硬要或者任意损毁、占用公私财物，情节严重

强拿硬要，是违背他人意志强行取得他人财物的行为，既可以表现为夺取财物，也可以表现为迫使他人交付财物。对其中的财物宜作广义解释，即包括财产性利益。强拿硬要行为虽然具有一定的强制性，但不需要达到足以压制被害人反抗的程度。损毁财物，是指使公私财物的使用价值减少或者丧失的一切行为。任意与随意的意义相近，但其程度低于随意的要求，侧重于说明行为不具有合法根据与理由。占用公私财物，是指不当、非法使用公私财物的一切行为。

情节是否严重，需要根据行为人取得、损毁、占用的财产数额的多少，强行的程度，任意的程度，行为的次数等作出判断。

4、在公共场所起哄闹事，造成公共秩序严重混乱

公共场所，是指不特定人或者多数人可以自由出入的场所。起哄闹事，是指用语言、举动等方式，扰乱公共场所秩序，使公共场所的活动不能顺利进行，或者说，妨碍不特定或多数人在公共场所的有序活动。

对起哄闹事行为是否造成公共秩序严重混乱的判断，应以行为时的全部具体状态为根据。公共场所的性质、公共场所活动的重要程度、进入公共场所的人数、起哄闹事的时间、公共活动受影响的范围与程度等，是判断行为是否造成公共秩序严重混乱的重要资料。

其实一般情况下这并不属于违法行为，但如果此时情节比较严重的话，则就有可能被认定为寻衅滋事罪，这种情况下就不仅仅是违法行为了，构成了刑事犯罪的会被依法追究刑事责任，也就意味着当事人要承担的法律责任将更重。

法律依据：

《中华人民共和国刑法》第二百二十六条以暴力、威胁手段强买强卖商品、强迫他人提供服务或者强迫他人接受服务，情节严重的，处三年以下有期徒刑或者拘役，并处或者单处罚金。

Usually this does not attribute illegal action, but if the clue is right now more serious, be maintained likely to be provoke affray blame, illegal behavior is not just below this kind of circumstance, the meeting that made crime is found out lawfully criminal responsibility, the legal responsibility that also implies party to want to assume will be heavier.

What behavior can make provoke affray crime?

1, hit another person at will, the clue is abominable

Optional, although,mean commonly the reason according to guilty person, it is OK to beat up behavior to also be not had by average person " understanding " , " accept " reason and motive. Additional, level shows in China, the clue beats up behavior slightly to establish crime impossibly. So, criminal law was made " the clue is abominable " requirement. The clue is abominable, the rate that should get enroach on to perhaps browbeat around law beneficial makes judgement.

2, angle, intercept, abuse other, the clue is abominable

Angle, it is the behavior that shows cloggy others stays in proper place commonly; Intercept, it is to point to the action that prevents other to change a location commonly. Apparent, these two kinds of behavior, it is the behavior of freedom of cloggy other action. Angle and intercept may be carried out with violent means, carry out possibly also with the means such as menace. Abuse, it is to point to give to other with utterance contemptuous valuation. Do not ask to have specific boy or girl friend abusively, to the fling abuses of average person, what establish this blame possibly also is abuse. The judgement with abominable clue, the rate that must get enroach on to perhaps suffer menace with law beneficial is a center. Cause another person to angle, intercept, abuse other result of slight injury, flesh wound perhaps brings about other to commit suicide, of other of angle of use lethal weapon, intercept, for many times of angle, intercept, abuse other, of the weak force group such as disabled of angle, intercept, children, ought to maintain for the clue abominable.

3, take by force extortionary perhaps mar arbitrarily, take up state-private property, the clue is serious

Take by force extortionary, it is the act that violates other volition to acquire other property forcibly, can behave already it is capturing property, also can behave to force other consign property. Make broad sense explanation to among them property appropriate, include belongings sex increase namely. It is certain to although have,take extortionary action by force mandatory, but the level that does not need to achieve enough to squelch the injured party revolts. Mar property, it is all behavior that the use value that incites state-private property decreases or lose. Random and optional meaning close, but its degree under optional requirement, side overweight explains behavior does not have legal basis and reason. Take up state-private property, it is to point to all act that use state-private property undeservedly, illegally.

The clue is serious, need is obtained according to behavior person, mar, how many of the property amount that take up, forcibly degree, aleatoric degree, the frequency of behavior make judgement.

4, in public jeer make trouble, create public order severe disorder

Public, it is to show not specific person is most perhaps the place that the person can come in and go out freely. Jeer make trouble, it is to point to the diction character, means such as act, disturbed public order, make public activity cannot go on wheels, perhaps say, hamper not specific or most person is in public orderly activity.

Whether does make trouble behavior cause the judgement with public serious and confused order to jeering, answer to be a basis with all and specific condition when behavior. The important rate of public property, public activity, enter public number, jeer the limits that the time of make trouble, public activity suffers an effect and degree, it is to judge behavior to whether create the important material with public serious and confused order.

Usually actually this does not attribute illegal action, but if the clue is right now more serious, be maintained likely to be provoke affray blame, illegal behavior is not just below this kind of circumstance, the meeting that made crime is found out lawfully criminal responsibility, the legal responsibility that also implies party to want to assume will be heavier.

Legal basis:

" criminal law of People's Republic of China " buy by force the 226th times with violent, minatory method sell goods by force, force other to offer a service to perhaps force other to accept a service, the clue is serious, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment.