The Boundaries Between Excessive Rights Protection And Extortion

With people’s consciousness of rights awakening and rising,citizens begin to safeguard their own legitimate rights and interests with legal means actively,and right protection with private ways also plays an important role in settling disputes and resolving contradictions in practice.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.Excessive rights activism,in terms of nature,belong to the exercise of rights.Because the lack of right awareness and legal knowledge of our citizens in the exercise of rights,beyond the boundaries of the legitimate interests of others and social interests,their behavior is not the exercise of rights but abuse of rights,abuse of rights can constitute a crime.However,the legal punishment of extortion in our country is heavier and the people sympathize with the vulnerable groups,and the trial practice has given the innocent disposition of the excessive rights of the crime that should be guilty.This practice has its practical inevitability but affect the impartiality of criminal law.2contrary to the spirit and concept for a harmonious society.China is expected to combine,in accordance with our social situations,the experiences from foreign countries to conduct conviction for those behaviors with obvious violation to criminal law.Besides,customer and petitioner should be guided to take positive,rational and legal approach for their rights maintenance.