In 2018, Chen Yulin posted information about his improper sexual relationship with Wu Xiubo online and used it to coerce Wu Xiubo into demanding 40 million yuan in money. The two reached an agreement to pay in installments for four years. Wu Xiubo transferred 3 million yuan to the woman on October 16, 2018. However, Chen Yulin once again requested a change in the agreed payment deadline and coerced Wu Xiubo to pay the remaining 37 million yuan in one go, citing further disclosure of their improper relationship and negative information from others. On November 5, 2018, Chen Yulin was arrested by the public security organs on suspicion of extortion. In February 2021, Chen Yulin was sentenced to three years in prison, suspended for three years, and fined RMB 100000. Recently, Huo Zun's ex girlfriend Chen Lu was also taken criminal coercive measures on suspicion of extortion.

 

Due to the demand for a "breakup fee", both celebrities' "ex girlfriends" have caused trouble. So, under what circumstances can I claim a 'breakup fee'? What kind of situation would constitute the crime of extortion? Let's listen to the author together.

 

1、 What is the 'breakup fee'?

 

Breakup fee, also known as "spiritual compensation" or "youth loss fee", generally refers to a certain amount of money or property given by the party requesting the termination of a relationship between a man and a woman in order to terminate their love, cohabitation, or engagement. Breakup fees are not a legal concept, and there is no clear legal provision for them.

 

2、 Is it legal to advocate for "breakup fees"?

 

According to the provisions of the Civil Code on civil legal acts, the act of paying "separation fees" is valid if the following conditions are met:

 

1. The expression of intention is true (both men and women form a consensus, one party voluntarily pays for it, and the other party is willing to accept it);

 

2. The actor has corresponding civil capacity;

 

3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

 

Therefore, in a normal romantic relationship (such as both parties being single), as long as the perpetrator has civil capacity, truthful expression of intention, and the content does not violate mandatory legal provisions or social public interests, the agreement on breakup fees can be regarded as a gift contract or an anonymous contract with economic compensation nature and has legal effect. However, if the spouse and the opposite sex outside of marriage agree on a breakup fee, it may be deemed invalid by the court due to violating the principles of public order and good customs, as well as the relevant provisions on the disposal of joint property between the couple. Of course, if it is voluntary payment and the original configuration has not expressed opposition, all parties will be at peace.

 

Many provinces have issued specific rules to clarify this, such as the "Minutes of the Meeting on the Trial of Private Loan Disputes" issued by the Jiangsu Provincial Higher People's Court in 2013, which clearly stipulates that loan courts that incur "youth loss fees", "breakup fees" and other debt conversions that are detrimental to public order and good customs due to non marital cohabitation and improper sexual relations will not support them.

 

3、 Can I request a refund of the paid breakup fee?

 

As mentioned above, if one party is willing to provide economic compensation to the other party in order to achieve the purpose of the breakup, this behavior is not prohibited by law, and it is a voluntary gift behavior, subject to the delivery of money. However, some people renege after signing an agreement and paying a breakup fee. Can the already paid breakup fee be claimed back on the grounds that the agreement is invalid? Let's take a look at a precedent:

 

Tao and Zhou registered for marriage in 2005, and in June 2010, Zhou and Liu had an extramarital affair. In July 2011, Zhou and Liu signed a "compensation agreement", agreeing that after the breakup, Zhou would pay a total of 50000 yuan in compensation to Liu, and both parties would not disturb each other thereafter. On July 15, 2011, Zhou paid Liu 20000 yuan through bank transfer. Later, his wife Tao filed a lawsuit in court, requesting a ruling to confirm the invalidity of the agreement signed between Liu and Zhou; Requesting Liu to refund the breakup compensation fee of 20000 yuan

 

The case went through first and second trials, and the Shanghai First Intermediate People's Court made a judgment (2012) HYZMYZ (Min) Zhong Zi No. 1400: confirming the invalidity of the "compensation agreement" and rejecting Tao's lawsuit request. The reason is that the act of paying the breakup fee belongs to the performance of a natural debt, and unless it is clearly beyond the scope of property disposed of by either party separately, the return cannot be claimed on the grounds of improper enrichment.

 

Therefore, the "breakup fee" agreement reached between general couples is equivalent in nature to a natural debt. The actor voluntarily pays, and the other party can receive it. The perpetrator is unwilling to pay, and the other party's lawsuit to the court will not be supported. If the perpetrator retracts after payment, they shall not demand return.

 

4、 The boundary between demanding breakup fees and the crime of extortion

 

According to Article 274 of the Criminal Law of China, the constituent elements of the completed crime of extortion include the use of coercion for the purpose of illegal possession, causing the other party to fall into fear, and then obtaining property. Whether the act of demanding breakup fees constitutes the crime of extortion should be strictly judged based on the above constitutive requirements. Specifically:

 

1. The object of infringement is a complex object, which not only infringes on the ownership of public and private property, but also endangers the personal rights or other rights of others;

 

2. Objectively, it manifests as the behavior of the perpetrator using coercion to force the victim to surrender their property. Coercion refers to the use of malicious threats to create fear in the other party. The types of harm include possible infringement on the defendant's life, body, freedom, reputation, etc;

 

3. The subject is a general subject;

 

4. Subjectively, it manifests as direct intent and must have the purpose of illegally extorting property from others.

 

Regarding the boundary between requesting breakup fees and the crime of extortion, we also need to pay attention to the following points:

 

Firstly, it depends on whether the perpetrator has a legitimate reason for requesting money, such as the man causing the woman to conceive or miscarry multiple times, or even causing her to lose fertility or suffer from major diseases, or the situation where the woman has made significant financial contributions during their relationship.

 

Secondly, it depends on whether the perpetrator extorts property by threatening to expose privacy or defame others. If there is a legitimate reason to demand compensation, even if there is an exaggeration in language, then it should still be carefully evaluated. If privacy is exposed, it is necessary to specifically examine which privacy has been exposed and whether it has reached the level of causing fear to the victim.

 

Finally, it depends on whether the victim has committed any wrongdoing. According to 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, if the victim is at fault for the occurrence of extortion, according to the degree of the victim's fault and other circumstances of the case, the perpetrator may be leniently dealt with as appropriate; If the circumstances are significantly minor and the harm is not significant, it is not considered a crime.

 

In summary, normal demands for breakup fees do not constitute extortion, but if objectively manifested as the perpetrator using threats, coercion, intimidation, and other means to demand breakup fees, and the amount of property demanded is relatively large or repeatedly extorted, it may violate criminal law. Therefore, breaking up in love should be like the song 'breaking up should be dignified', and one should not easily cross the red line of the law.