Research On The Limits Of Consumers' Right Defending Activities And Extortion Crimes

The economic development has made consumer awareness of rights protection continue to increase,consumer complaints have risen significantly,and consumers' excessive rights protection has also been exposed in the media.In judicial practice,due to the unclear distinction between “excessive rights protection” and “extortion”,judges mistakenly identified “excessive rights protection in civil law” as “extortion in criminal law”,resulting in some cases of qualitative errors and unfair justice.The phenomenon is that there is no clear provision in our country's laws to distinguish between consumer rights protection and extortion.On the basis of summarizing,sorting out,analyzing and summing up the achievements of the predecessors,this article draws lessons from the relevant theories outside the domain,and interprets the typical cases that have emerged in the judicial practice in recent years.It further analyzes the court's case and the focus of the dispute,as well as the consumers.Analysis of the elements of rights protection and extortion crimes,to clarify the boundaries between the two.The full text is divided into three parts,a total of five chapters:The first part: The first chapter of the basic situation of the case,including the introduction of the case,the court hearing,differences of opinion,the focus of the dispute.This paper selects three cases: the case of Liu Jiang as a professional counterfeiter,the case of Li Haifeng as Mai Lang,and the IKEA cup case.Each case is described briefly and briefly,and each case focuses on a disputed point and discusses professional anti-counterfeiting.Whether a person's claim,exposure of a threat claim,or excessive amount of claims may constitute extortion may raise questions.The court heard of the above three cases: Liu Jiang and Li Haifeng both constituted extortion.Ms.Wang in the IKEA cup case was a legitimate defender.The second part: The legal analysis of related issues.Focused on the identity of the professional anti-counterfeiters in Chapter 2,the purpose of illegal possession and means of analysis,found that the professional anti-counterfeiters are consumers,do not have the purpose of illegal possession,and should not be found to constitute the crime of extortion.In the third chapter,the basis for the claims of fictional facts to media exposure and the legal analysis and conclusions of claim methods,the exposure means are not the coercive measures of extortion and blackmail,and there is a certain claim basis.Exposure behavior does not necessarily cause damage to the law.From the perspective of the modestness of criminal law,even if the fictional facts expose the threat,it does not necessarily constitute the crime of extortion.The fourth chapter identifies the subjective purpose of excessive consumer claims from the perspective of causation.The fact that the amount of the claim is too large is not a necessary condition for the determination of illegal possession.It is a result of the game between the two parties.The third part: Reflection on the cost of consumer rights protection.The reasons for the effective choice of rights protection and the high cost of rights protection,impact and how to solve the problem are also significant for curbing consumer protection rights.