In recent years,the case of consumer's excessive rights protection,which is originally a civil dispute,has been seen in criminal law for many times.The crime of extortion seems to be the "pocket crime" of establishing the crime of consumer's excessive rights protection.There are disputes on different judgments of the same case in theory and judicial practice.There are two main points of contention:one is to judge the legitimacy of claims for safeguarding rights through traditional media or network exposure;the other is the relationship between huge claims and the purpose of illegal possession.Meanwhile,if consumers mistakenly believe that there is a loss of interests,and then implement "rights protection",it can be solved with the theory of Permissible errors in constitutive requirements.We should deal with such cases through two ways:the measurement of substantive legal interest and the judgment of relativity of violation of law,and curb criminal law's improper involvement in consumer's excessive rights safeguarding cases,in order to ensure the modesty and restraint of criminal law. |