Exploring On The Limits Of Excessive Rights Protection And Extortion

Maintaining their own legitimate rights and interests is a right that citizens should have.It is also an effective way for citizens to fully use their legal weapons to protect themselves.However,what principle is used to distinguish between moderate rights and excessive rights protection?(Moderate rights rights are referred to below as rights rights).Once excessive rights protection occurs,what principle should it distinguish between it and extortion? It is inevitable that citizens will encounter rights protection in their daily lives and correctly grasp the principle of appropriateness.This article will also focus on the above two aspects,and combine the three typical cases of extortion and extortion in judicial practice to form a systematic description,thus abstracting the boundaries between excessive rights and extortion.However,the academic circles still have some controversy about the boundaries between the two.This is especially true for the ever-changing social life.The cases are even more numerous and their characteristics are not the same.Therefore,we should pay attention to the application of criminal law.Its modest nature is to be prudent.This article is divided into four parts.The first part analyzes the case of extortion and is finally identified as a case of extortion by selecting the contradiction between Hou Moumou and the village committee in Taiyuan,Shanxi Province,and analyzes the focus of the dispute caused by Hou Moumou's case,trying to explore whether Hou Moumou To achieve the social harmfulness caused by the crime.The second part summarizes the typical types of extortion rights in recent years,which are judged as extortion.There are three types:petition-type excessive rights protection,consumer excessive rights protection,and labor-managed excessive rights protection.They briefly analyze some commonalities of various types of cases.feature.The third part analyzes the criminal constituent elements of the act ofextortion of rights,which is judged as extortion,and explores the characteristics of subjective purpose and objective aspects of subjective behavior to find out the relationship between excessive rights and extortion.limit.The fourth part cites the modest theory of criminal law,which expresses the author's basic attitude of determining that excessive rights protection constitutes the crime of extortion.That is,there is no serious social harm in excessive rights protection.The criminal law should be used with caution.