Research On The Criminal Law Determination Of "Coercive" Right-defending Behavior

When the legitimate rights and interests are infringed,people often choose to safeguard their legitimate rights and interests through various ways,which is the awakening of people's awareness of rights and the progress of the construction of the rule of law in society.In this context,huge claims emerge in endlessly in practice,and most of them occur in the field of consumer disputes.These cases have common characteristics,such as threats,the amount claimed is particularly large,and so on.For this kind of behavior,this paper summarizes it as "coercive behavior of protecting rights".In judicial practice,the results of dealing with cases of "coercive" rights protection are many different,some of which are dealt with innocent,some of them are recognized as extortion crime,some of them are exempted from the crime of extortion and be punished,others have been retried and acquitted.Similar cases have very different results,which makes people feel the absence of fairness and justice,and also undermines the authority of justice.There are two reasons for this dilemma: First,the perpetrator has the right basis of compensation in the case of "coercive" rights protection,which is the key to distinguish it from the general crime of extortion;Second,the relevant laws and judicial interpretations have not stipulated how to deal with the cases of "coercive" rights protection,which is the main reason for the different results of handling such cases in practice.Therefore,this paper is specific from two aspects: the value of criminal law and the constitution of crime.This paperanalyzes how to identify the behavior of "coercive" rights protection,in order to sort out a set of legal and reasonable and operable interpretation methods,so as to provide a way of thinking to solve the problem of criminal law cognizance of "coercive" human rights protection cases.This paper is divided into three chapters:The first chapter is an overview of the criminal law identification of "coercive" behavior of protecting human rights.This paper introduces the concept,characteristics and classification of "coercive" behavior,as well as the theoretical and practical dilemma of behavior cognizance.In this paper,the concept of "coercive" behavior is defined as the act of having or believing that he has the right to claim damages,and then requesting compensation from the other party by means of threat or blackmail.The research object of the article is defined by definition.There are three main characteristics of the behavior of "coercive" rights protection: first,there are reasons for the behavior of safeguarding rights;second,the means of safeguarding rights are coercive;and third,the amount of requests is often huge.Because of the "coercive" protection of rights There are many different types of behavior.In this paper,the "coercive" behavior of protecting rights is classified,which paves the way for the concrete analysis of the following text.The theoretical and practical dilemma of behavior identification introduces several typical cases and different viewpoints in the theoretical circle on the identification of such cases.This part analyzes the problems existing in theory and practice,and leads to the later thinking on the criminal law identification of "coercive" behavior of protecting rights.The second chapter analyzes how to qualitatively protect the rights of coercive form from the value level.First of all,from the relationship between freedom and order,this paper analyzes what attitude should be taken towards the case of "coercive" rights protection.The value pursued by criminal law includes not only the value of order but also the value of freedom.When the case of "coercive" rights protection occurs in practice,what value should the criminal law play will affect the final result of the case.Secondly,from the point of view of modesty of criminal law,criminal law should maintain modesty in the case of "coercive" rights protection,which is in linewith the traditional legal thought and the spirit of modern rule of law in our country.Finally,explain This paper states that when determining the behavior of "coercive" protection of rights,it should conform to the principle of proportion,that is,when the public power must damage the private rights,we should choose the way of minimizing the damage of the law.The principle of proportionality should also be considered in the cognizance of coerced human rights behavior.The third chapter analyzes the criminal law cognizance of coerced human rights behavior from the level of crime constitution.It is necessary to analyze whether an act constitutes a crime or not from the perspective of the constitution of a crime.This paper analyzes the nature of coercive behavior from the point of view of "coercive behavior" and "illegal possession purpose".Because the behavior of "coercive" rights protection is not a single way of behavior,there will be many different situations in reality,this paper classifies the behavior of "coercive" protection of rights.And it analyzes whether each kind of behavior belongs to "coercive act" and whether the actor has the purpose of "illegal possession",and obtains whether this kind of behavior constitutes or not crime.The last part of this chapter is the conclusion of this paper,starting from whether there is a legal basis for safeguarding human rights,we can draw the conclusion that various types of behavior constitute a crime.