A Distinction On The Boundary Between Excessive Rights Protection And Crime Of Extortion

Protect rights is the product of modern social civilization and progress of legal system, with the development of economy and social progress, excessive rights protection behavior appear frequently, even to touch the boundary of the criminal law. In recent years, often have the cases involving rights excesses racketeering sin. In judicial practice, however, different connection with the given phenomenon also happened frequently. Investigate its reason, mainly because of excessive and racketeering sin to distinguish different criteria, caused the blurred. Therefore, it is necessary to strengthen the theory study.Based on the definition of domestic and foreign theoretical circles over the rights of the criminal law on the perspective from the angle of civil law, the definition of rights over the definition of. Crime of extortion were summarized, and emphatically analyzed racketeering sin might involve several aspects of the human rights behavior. For excessive typed category, the excessive rights protection is divided into rights of means and way too much, rights of excessive claims and subjective understanding on the excessive. And comprehensively covers a variety of rights of excessive behavior, including consumer rights protection, rights in the process of labor dispute is excessive and other rights in the field of excess. By the theoretical analysis and contrast, defines the boundaries of excessive rights protection and crime of extortion.