An Analysis Of A Case Of Extortion Of Today Mr Lang By Mr.Li

Under the background of citizens' awareness of rule of law,more and more actors are actively defending their own rights in various way when their own rights and interests are violated.However,phenomenons of excessive rights-protection are emerging,even some of these defense form criminal activities.In this thesis,take the "Mr..Li's sky-high claims case" as an example,analyzing the excessive rights-protection behaviors in the field of consumers and demonstrating whether this kind of behavior constitute criminal activity.The article is divided into three parts.The first part introduces the basic facts of the case and the court's judgment results,and then combines the similar cases of excessive rights-protection in practice,obtains two commonalities of this kind of cases,which is exposing to the media and asking for high compensation.From this,we summed up the two controversial focus of this case: 1.Whether the behavior of asking for high compensation can be inferred that the consumer has the purpose of “ illegal possession ”;2.Whether the media exposure and other means is a "threat,coerce" behavior in the crime of extortion.In second part,according to the dispute focus of this case,first,explain the meaning of the purpose of “illegal possession” and "threat,coerce",and then it is analyzed the high claim of excessive rights-protection is not equal to the purpose of illegal possession;the exposure to the media is not equal to coercive behavior;Finally on the basis of theoretical analysis,it is concluded that Mr.Li's behavior does not constitute extortion.The third part is the related thinking on the identification of excessive rights-protection cases.On the one hand,the thinking of the judgment of the court of the first and second instance is evaluated;on the other hand,it makes clear that excessive rights-protectionbelongs to private relief;finally,it points out three suggestions to regulate excessive rights protection behaviors:standardize rights protection behaviors;strictly control the standard of crime;improve relevant laws and regulations.