The Identification Extortion In Excessive Rights Protection

Under the background of the gradual awakening of citizens' rights consciousness,it is inevitable that there will be excessive behaviors in the process of rights protection.Among them,the most common acts behaviors with blackmail.The author start from typical cases of excessive rights protection.Through analyzing cases,the author summed up some characteristics of excessive rights protection,make a preliminary classification of excessive rights protection,and also deepened the understanding of excessive rights protection.Starting from the case verdict,we can easily find the judicial practice problem in dealing with excessive rights protection is different sentences for same cases.In addition,through analyzing of the literature data it is not difficult to find that academic circles have great dispute on the question whether these behaviors can be identified as extortion.Therefore,it is of important theoretical and practical significance to make clear the limits of excessive rights protection and extortion.The most direct way to analyze whether an act constitutes a crime is to see whether it conforms to the constitution of the crime.The most important element of the crime of extortion is the subjective purpose of illegal possession and the objective coercion will make the other party so fear that cannot choose but to deliver property to the perpetrator.However,the purpose of illegal possession is the content of the subjectivity exceeds elements,which can't be proved directly.So the presumption can only be presumed by analyzing the right basis and the scope of rights of the act.The objective coercion is enough to make the other party fall into fear,so as to set up the crime of extortion.After making clear these two points,it is easier to judge the extortion and excessive rights protection.But behavior and claims of the excessive rights protection is complicated,so obviously we can't generalize on the question whether the behavior can constitute blackmail.Therefore,we need to analysis and demonstrate boundary of excessive rights protection and the extortion according different sorts based on the above criteria and method.