The Research Of Properties Of Judicial Power In The Ongoing Practices Of Judicial Activism-Using Social Control Theory As Analysis Tool

The judicial determination of the crime of racketeering(extortion)in the case of excessive consumer rights protection has always been controversial,especially when the basis of rights is not identified clear,and the determination process is extremely complicated.Not only have not a form unified point of view in the theoretical field,the judicial practice is also very different,and even appear different opinion of the same case.In the face of the increasing consumption disputes,the legal provisions on the protection of consumers' rights and interests are lagging behind.And the cost of rights protection is high cost.At the same time,news media in the report of consumption dispute cases,there are also deviation from the public opinion supervision should have the positioning,inaccurate reporting,so that the marketing managers do not consciously "fear" the news media.The consumer USES marketing manager of this one "soft rib" to often put forward high amount claim to marketing managers by means of media exposure.The natural confrontation between marketing managers and consumers becomes much more intense.In this way,the original controversial criminal law problem "add insult to injury."In addition to the basic principles of criminal law,the distinction between excessive rights protection of consumers and the crime of extortion should be adhered to.We also can draw on the useful experience of the judgment of the legal interest of property in foreign laws.In the specific distinction,we should start from the means and the amount of the two aspects respectively to investigate and identify.In this process,it is worth noting that in some cases when the doer has a wrong understanding,which should be identified according to the criminal law theory.In order to comprehensively improve the judicial determination of the crime of racketeering(extortion)in the criminal law of our country,we could avoid the perpetrator to carry out racketeering under the pretext of safeguarding his rights,and also could avoid the realization of the legitimate rights and interests of the perpetrator who really enjoys the right to claim without being prosecuted for the crime of racketeering(extortion).