The Determination Of Crime Of Excessive Rights Protection

Excessive rights protection is a phenomenon in China's judicial practice.It refers to the behavior of actors who voluntarily use self-relief after a certain interest is infringed,which surpasses the public's expectations for the normal order of others' and society.China's excessive rights protection activities are characterized by the particularity of the rights holders,the causality of rights protection activities,the illegality of the rights protection measures,and the imbalance between claims and damage results.In China,it exist "guilty","innocence" and"undetermined" three theories in abroad about excessive rights.Germany and Japan,countries tend to "objective",which caused damage to the interests of the basis for conviction,and Anglo American countries gradually from the "extreme subjective theory" is the combination of subjective and objective change.Excessive rights protection constitutes a crime because the right protection itself exceeds the boundary of the exercise of rights.Even if the infringer is guilty,it can not completely exempt the rights holders from liability.In judicial practice,we should insist on the principle of protecting property owners' interests and protecting rights.Under special circumstances,we should take the task of protecting relative people's interests such as production,life and property.In the case of rights over the process,it should follow the principles of criminal law,the amount of the claim as the means and the defenders were in reasonable range,shall not use criminal law to regulate,and whether excessive rights behavior requires criminal law to regulate.The rights can be away from the target.The rights of way claim three aspects to consider.More in the judicial practice is generally excessive debt and consumer rights over rightsfor excessive debt rights should be moderate,because the debt has a lot of active behavior.If the circumstances are not serious,the means is not so bad at making general crime.And for excessive consumption of rights,we should strictly control relevant legislation and reduce the standard of incrimination of excessive consumption of rights.