Research On The Boundaries Of Criminals With Excessive Rights

In the process of the market economy rapid development, the inferior products is flooding in the market, along with the awareness of consumer rights enhancing, rights disputes between consumers and businesses continues to growing. At the same time, some actions which look like racketeering but are rights-protection can be seen frequently. Such behaviors are different from extortion, the former often takes the rights-protection intention into account, then deny its illegality. In the aspect of behavior, because of the improper rights-protection means,and it's easy to be confused with extortion, so the boundaries between excessive rights-protection and extortion become more indistinct in juridical practice. By the "Wang's extortion case", this article will research such acts should be punished by the crime or not, and analyze the factors of determining the behavior nature, in order to define the boundary of crime and rights-protection.This paper is mainly divided into four parts, and totally has more than 20,000 words:The first part: the details of Wang's extortion case. The cause of action, the basic facts, the different views and the controversy focus. As the clue of the whole article, it provides fact basis. The controversy focus have: firstly, Wang's behavior has the purpose of illegal possession or not; Secondly, Wang's exposure behavior belongs to the meaning of extortion or not.The second part: legal analysis of the controversy. It mainly analyzes from the constitution factors of extortion crime. Firstly, from the subjective point, discuss the explanation of the illegal possession purpose in extortion, and then through the method of criminal presumption, judge the subjective purpose of rights-protection. Secondly, from the objective behavior, analyze the mental strength of the extortion behavior. On the other hand, analyze the mental strength in rights-protection. Then get the conclusion by comparing. Finally summarize the nature of rights-protection and the boundary of rights-protection and extortion.The third part: the analysis and conclusions of Wang's extortion. It's mainly through the analysis of the theory, combined with the specific case, judge the case correctly. Wang's behavior purpose to protect his rights, instead of illegal possession. In addition, Wang's behavior cannot produce the force as the same of extortion.It should be divided into self-help in the civil domain,and can't be regulated by the criminal law theory.The fourth part: the enlightenment by the case studies. Through this case research, we learn that in the process of judging rights-protection case, we had better in the guidance of restriction principle, by the method of crime constitution factors, distinct the case should be regulate by civil law or criminal law. And I hope this conclusion can help dealing with these cases in the practice.