Excessive Criminal Law Limits

In recent years,along with the economic development of China,the number of cases of rights-defending behavior has also increased.In this context,whether the excessive rights of rights constitute a crime,there are different opinions between the theoretical circles of criminal law and our judicial practice,leading to part of the excessive rights protection cases appear “same case different judgments” phenomenon.There are three viewpoints in the theoretical circle of criminal law,“guilty”,“innocent” and “compromise”,which represent the different handling attitudes towards excessive rights.They represent different attitudes toward excessively rights-defensive behavior.In judicial practice,the parties involved in the excessive action of rights often are identified as extortion or provocation,but in the process of cognizance,the judicial organs often have no comprehensive consideration of the rights,means and claims of the perpetrator,but only from the conformance of individual pieces,such as behavior,the result,the purpose of safeguarding rights,and so on,further affirm that the perpetrator constitutes a related crime.Based on the analysis of various viewpoints in the current criminal law theoretical circles,it is considered that the compromise view is more appropriate when determining excessive rights protection activities.At the same time,through the analysis of some typical cases and related data in the current judicial practice involving excessive rights,the reasons and problems of the judicial organs in our country in determining the related crimes of the right holders are found.By enumerating the regulation of excessive rights protection in common law countries and civil law countries,I believe that our country can learn from other countries' useful experiences in the future,that is,according to the subjective and objective aspects of the rights holders,especially in view of the means of safeguarding the rights of the rights holders and the purpose of safeguarding their rights,a unified judicial review standard should be established on the basis of the principle of “the modesty of criminal law”,and the conditions of the crime should be strictly entered.At the same time,the right holders who have constituted a crime are further refined on the sentencing of the related charges,so that the treatment of excessive right to rights can be better in accordance with the law and promote the solution of the related problems.