A Study On The Criminal Classification To The Excessive Rrights Protection Act

With the high speed development of economy in our country, the citizen's law awareness has gradually increased, when the legitimate rights and interests of citizens are infringed upon, rights defending person safeguard legal rights in their own way. But excessive human rights behavior frequently exists, and some even constitutes a crime. The legal concept of excessive defending rights of our country is still blank, the emergence of Connection with Different Sentence in our judicial practice, so excessive rights protection whether it constitutes a crime, what a kind of crime constitutes if a crime is constituted, which there is a fierce controversy. The author selects petition rights and protection of consumers' rights in excessive human rights behavior studied, combined with work experiences of his own in the court trial, defines the concept and characteristics of our country excessive rights protection, analyzes China's trial case combined with the related theories of foreign countries, and draw criminal law that conclusion about excessive rights protection in the end.This thesis is divided into four parts: the first part, to clarify the concept of excessive rights protection behavior, and analyze the characteristics of excessive rights protection behavior and the causes of excessive rights protection behavior. The author thinks that the concept of excessive rights protection should be defined as when the rights defending person safeguard their own legitimate interests, they make aggressive behavior over reasonable limit. There are four characteristics about excessive rights protection, the particularity of subject, measures of illegality, the cause of rights act, and the imbalance between damages and the amount of the claim.The second part, the excessive rights protection is mainly divided into petition rights and protection of consumers' rights in excessive human rights behavior combined with China's judicial actual situation, the author specifically refines each type of rights protection combined with classical cases, and analyzes the main existing problems and focus of dispute in practical cases for safeguarding rights. There are three kinds of views on the character of the petition rights in the scientific principle or law, the first makes crime of extortion; the second is a stir-trouble crime; the third is innocent, analyzing and expounding these three affirms in specific. Though analysis of consumer rights protection cases, the character for this kind of safeguarding interests behavior can be learned in the scientific principle or law, there are two main points of view, that is, guilt and innocence, and analysis based on this.The third part, the study on criminal jurisprudence is mainly analyzed about the excessive rights protection of foreign countries. This paper mainly selects four representative countries, they are Japan, Germany, Britain, and the United States, four different tendency of criminal law exist in different periods in these four countries, and they give different penalties for the excessive rights defending person, which are mainly related to their economic and social status, existing a dispute on guilty and innocent. Japanese scholars claim for excessive rights protection constitute property crime can constitute intimidation; German scholars in the theory of guilty claim for excessive rights protection can constitute the crime of extortion; British scholars in the theory of guilty claim for excessive rights protection can constitute the crime of blackmail; and American scholars in the theory of guilty claim for the excessive rights protection can constitute the crime of extortion. Our country can enact the crime of coercion suiting our country situation from the essence of desirable foreign theories.The fourth part, the author objectively analyzes the criminal law dispute on petition rights and protection of consumers' rights in excessive human rights behavior combined with the above theory, and concludes the criminal classification in the excessive rights protection combined with the related theory of abroad, so the author advocates to add the crime of coercion.