Research On Rights Protection Acts Under The View Of Criminal Law

In recent years, the cases of rights protection are increasing uninterruptedly, following the extension of fields and the increase of types. Among these rights protection acts, some have legal justification, while others have not which are called excessive rights protection. The actors are even punished for the violation of the crime of extortion. However, in the judicial practice, the treatment and verdicts of similar rights protection cases are very different. The reason of this co-vary sentence phenomenon is the define differences between rights protection and excessive rights protection.For the above situation, the thesis begins with the relevant judicial cases, analyzes the problems of the treatment of rights protection through these cases. And then discusses under what conditions the excessive rights protection will constitute the crime of extortion. Afterwards, the thesis advocates from the legality of the claim for rights and the behavior means the two aspects to define the excessive rights protection under the criminal law.The reason why the thesis chooses “ Research on rights protection acts under the criminal law ” as theme is to define the differences between rights protection and excessive rights protection not only can detect the integrity and practicability of the existing criminal law theory but also can effectively prevent excessive interventing citizens’ freedom of exercising legal right on the basis of control crime. Thus, studying this problem has very important significance in theory and judicial practice. We hope the thesis can provide an effective and feasible solution for this problem.The innovation point of the thesis is categorizing the excessive rights protection by analyzing some typical cases. Accordingly, providing a feasible solution that is from the legality of the claim for rights and the behavior means to define the excessive rights protection act.At first, the thesis lists some representative viewpoints on the definition of excessive rights protection in Chinese criminal law field and defines its implication in the article. And then discusses the regulations necessity of the criminal law on excessive rights protection. Since the rights protection disputes have been increasing, the problem of using criminal law to regulate excessive rights protection urgently need to be addressed.Next, according to the appearing domain, the thesis lists typical cases of the consumer rights protection, petition demanding rights protection and labor rights protection in order to reflect the co-vary sentence phenomenon. We can found the problems that existing in the treatment of excessive rights protection acts through comparing these verdicts.In judicial practice, the excessive rights protection acts that have been decided to constitute crime are sentenced by the crime of extortion. Thus, the thesis discusses under what conditions the excessive rights protection acts will constitute the crime of extortion from the aspects of requirements of illegality and culpability.The key point of the thesis is defining the excessive rights protection acts from the legality of the claim for rights and the behavior means. From the analyzing of legal basis and facts basis, the thesis divides the excessive rights protection acts into three kinds: the claim for rights is illegal while the behavior means is legal; the claim for rights is legal while the behavior means is illegal; the claim for rights is illegal and the behavior means is illegal. The thesis also tries to work out solution for each type.The last part is conclusion. This part first summarizes main points of the thesis and reanalyses the typical cases by using the above solution, hoping demonstrate the appropriateness of the solution.