Criminal Discrimination Of Over Safeguarding Rights

In recent years,with the gradual enhancement of the awareness of civil rights,however,the phenomenon of excessive rights protection in China has been frequent.In the judiciary,there are different cases of the same case when determining such cases.The theoretical circles have disputes over whether excessive rights protection constitutes extortion.In order to solve the problem of excessive rights and characterization,it is necessary to discuss the corresponding theory of extortion,and then analyze the behaviors of rights defenders and the content of claims.Analyze these two points to determine whether or not extortion is a crime.Important role.However,due to the difference in content and nature of the rights violated,it is more complicated to evaluate excessive rights protection.Therefore,it is necessary to carry out categorical analysis in different areas of rights protection,and combine the corresponding cases to clarify the boundaries between sin and non-sin.In this way,we can try to prevent different judgments in similar cases in judicial practice,and then establish legal authority.This article consists of four parts.The first part is the introduction.This part first introduces the background and significance of the topic.Secondly,it is a systematic summary of the corresponding theories about whether excessive rights protection constitutes the crime of extortion.Finally,the research methods and innovations of this paper are introduced.The second part is the theoretical consideration of the crime of excessive rights and extortion.The first two sections elaborate on the basic theories of excessive rights protection and extortion.The third section is a preliminary analysis of whether excessive rights protection constitutes extortion.The third part is the boundary between excessive rights protection and extortion.The first is the distinction between the two from a subjective and objective perspective.The second is the exercise of the distinction between different rights and extortion.There are two main categories: one is whether the right to exercise is controversial,and the other is whether the right to exercise is certain.In short,the right to be infringed can Whether it is measured by a specific amount.The last is to improve the problems between the two from multiple angles.The first is to improve the elements in a way that combines the two points of the scope and behavior of the claim,and analyze the act of activism through four combinations.The second is the improvement of the conviction and sentencing angle.For the conviction starting point of the act of extortion,it is necessary to distinguish the amount of the conviction from the number of convictions,and to increase the conviction basis and implement a broad concept insentencing.The third is to improve from the perspective of social values.The fourth part is the identification of whether excessive rights protection in different fields constitutes the crime of extortion.Firstly,we will discuss the identification of excessive rights protection in the field of consumption.Here,we analyze the rights defense behavior to the main body of rights protection.Then it is the act of realizing the original creditor's rights and the derivation of creditor's rights in the debt field.Finally,it is the analysis of whether the claim for moral damage can constitute the crime of extortion.