Research Summary On The Legal Definition Of Excessive Rights Protection And Extortion Crime

With the gradual development of the socialist market economy and the implementation of the overall strategy of governing the country according to law,people's awareness of rights protection has been increasingly strengthened,and cases of rights protection continue to occur.However,in the process of defending rights,defenders' rights protection activities often go beyond the scope of "legitimate rights protection".In the process of defending rights,they resorted to some threatening measures to make claims for frustration.Whether such actions will necessarily constitute a crime of extortion,In the criminal law theories and judicial practice,it has been unclear and there is no unified definition standard.This has led to the phenomenon of "same judgments in different cases" in judicial practice,and even caused unjust and false cases,affecting judicial justice.This article uses 100 typical cases selected from the Chinese Judgment Documents Network as a sample,and discusses and analyzes the facts of the case,the purpose of illegal possession,threats,and threats.It summarizes the problems in the definition of excessive rights protection and blackmail in the trial practice;clear crimes The boundaries of guilty and non-crime and the consideration of subjective and objective factors involved in the determination of the nature of the behavior,to clear the definition of excessive rights protection and blackmail extortion.This article includes the following five parts for discussion.Chapter one:Introduction.It mainly introduces the background and significance of the research,the current status and methods of research.Chapter two:Research on the basic situation of referee samples.Clarify the concept of excessive rights protection,classify 100 different judgments on cases of excessive rights protection and extortion,and compare the court's findings of fact,excessive rights protection measures,the amount of claims,and the judgment results and basis.Trying to draw out the problems in judicial practice through comparison.Chapter three: The problems existing in the current trial practice of excessive rights protection cases.By sorting out the sample situation in the second part,the current situation of excessive rights protection in trial practice is summarized: the judicial department defines the blurring of the crime and non-crime of excessive rights protection;the same case occurs frequently under different sentencing circumstances;Sentencing has break the balance of crime and punishment.Chapter four: An analysis of the disputes on the judicial determination of excessive rights protection and blackmail.The main purpose is to explain the main and objective aspects of the crime of extortion.In terms of subjective constituent elements,it is necessary to accurately interpret the essence of the purpose of illegal possession;in terms of objective constituent elements,do the threatening measures implemented by the actors with coercive nature cause the other party to produce fear,and do they have a criminal law standard meaning.Chapter five: The legal definition standards of excessive rights protection and extortion.Starting from whether the act of defending rights exceeds the necessary limit;the purpose of illegal possession by the subjective class;threatening coercion by the objective class,clarifying the boundary between crime and non-crime,and regulating the relevant sentencing recommendations under the principle of "modesty" in the criminal law.