The Criminal Law Of Excessive Rights

The issue of legally statutory violations of excessive rights defenses is highly controversial in both theoretical and practical circles.In practice,in the face of excessive rights-protection cases,there are a large number of repeated cases in public security organs,procuratorates,and judicial organs.This is not because the facts of such cases are unclear and the evidence is insufficient.Instead,they are such cases.There is a big controversy about the nature of the right-is the right to exercise the right,or take the opportunity to extortion of other people's property.The study of statutory issues of excessively protected rights in individual crimes or individual cases is a relatively common situation in the current academic world.However,under such circumstances,on the one hand,it will cause serious disagreements on the concept of excessive rights protection,and on the other hand,it lacks excessive rights protection.The systematic classification and summarization of the types of behavior led to endless disputes over the legality of excessive rights protection.Therefore,it is necessary to study the relationship between excessive human rights protection and property crimes from the perspective of the integrity of criminal law.From the concept of connotation and behavior,it is necessary to define and logically define the excessive rights protection and discuss the legality of excessive rights protection to provide practical services.Reference.This article is divided into the following sections:The first part is derived from several classic cases of excessive rights protection.Through the analysis of cases of excessive rights protection in the field of judicial practice,through the analysis of typical cases in the field of excessive rights protection,it is shown that China's judicial practice holds the attitude of restricting incrimination into cases of excessive rights protection,but the behavior The person deliberately created trouble,and the act of extorting property was recognized as the crime of extortion.For the same or similar cases of excessive rights protection,the judiciary tends to have different or diametrically opposed views.There are many different judgments in the same case.There are many reasons for the phenomenon of different judgments in the same case,and we should rationally look at this.The second part is the specific introduction of the connotation of excessive rights protection.Excessive rights protection refers to the behavior of the actor in order to protect his own rights,threats to the television media,online platforms,etc.,requiring high compensation or compensation.Different rights in different fields have different sources of rights.The rights involved in rights protection in the field of consumption belong to the civil entity.Both parties are equal in legal status.Their rights are derived from our civil laws and regulations and belong to civil law rights.They have certain private rights.Nature of rights.The rights and interests involved in defending petitions are individuals and government agencies.The status of the two parties is not equal.The right to petition comes from the Constitution of the People's Republic of China and the Regulations on Letters and Visits promulgated by the State Council.This is an administrative law right that has a certain amount of public rights..Excessive rights-defense behavior is compared with general extortion and normal exercise of rights.It has three characteristics,such as nature,private remedy,and the imbalance between the amount of compensation and damage.According to different standards,excessive behaviors can be divided into different types.With behavioral characteristics as the standard,excessive behaviors can be divided into sitting-in-the-right rights protection,human hazard-based rights protection,and inch-in-one rights protection;if the rights content is determined as the standard,excessive The behavior of rights protection can be divided into rights content-define rights and rights content uncertainty rights.The third part is the evaluation of criminal law of excessive rights protection.First of all,there is a dispute over the domestic theory of excessive rights and quality.There is much controversy in the theoretical community about how to over-define the nature of rights.The focus of debate is mainly on whether the performance of private interests in over-protective behavior has become a means to block illegal acts,whether media exposure or petitions constitute a means of extortion,or whether excessive rights protection has There are several aspects such as the purpose of illegal possession,which leads to two different doctrines of guilty and innocent.Secondly,through the above discussion,this paper elaborates the author's research on the legal punishment of excessive rights protection.Subjectively,defenders claiming compensation must have certain legal basis,but there is no basis for claiming high or even huge compensation beyond the scope of the law,and the perpetrator may have the possibility of illegal possession.The determination of whether or not the purpose of illegal possession exists is generally judged by whether the perpetrator possesses objective substantive rights and the size of objective substantive rights it possesses.The author believes that in the case of excessively high claims for rights protection,the burden of proof can be reversed and the rights defender can provide a basis for supporting the amount of the claim.On the objective side,the activist's rights protection method is a major factor in determining whether it constitutes a crime.Exposure to the media is purely to expose the problems that exist in the real world is the right of citizens to exercise their freedom of speech.Combining the media exposure with the purpose of high claims,and using the media exposure as a weight intent to obtain high compensation,can be regarded as a threat or an act of extortion in extortion.The excessive rights-defending behavior should be measured by combining the subjective purpose of the actor and the objective measures of his behavior.Whether the scope of the right is exceeded and whether the means of the behavior are lawful is a combination of analysis.The fourth part is the author's actual application of the combination of subjective purposes and objective measures to specific cases.The first part of the cases listed in the criminal law analysis and identification.Considering some typical cases listed in the article,in social life,people should consciously cultivate rational consumer psychology and normalized awareness of rights protection,and use rational means to carry out rational rights protection.In judicial practice,excessive rights protection can not be restricted.In case of conviction,the crime should be dealt with as the case may be.