The Boundary Between Excessive Rights Protection And The Crime Of Extortion

In daily life,there are not only the rights protection activities of ordinary consumers,but also the rights protection activities of professional counterfeiters who know fake purchases of fakes.There are also the behaviors of citizens' rights protection through letters and visits because of the damage to their perso nal rights.When the existing rights of the natural person as the subject of righ ts are infringed or the expected rights are not fulfilled,in order to achieve the purpose of relief,the act of defending rights touches the boundary between civil law and criminal law.In the treatment of excessive rights protection,schola rs' views are diametrically opposed.There are different theories such as "affirm ative","negative" and "social equivalence";the court's judgment also has contra dictions,"the same case is different The existence of the phenomenon has seri ously affected the justice of justice.Therefore,it is of practical significance to conduct research on the boundary between excessive rights protection and blac kmail,and to characterize rights protection in judicial practice.This article starts with the discussion of the crimes and non-crimes of excessive rights protection.Through the introduction of typical cases,the summary of the status quo of justice,the demarcation of the concept of rights protection and excessive rights protection,and the summary of the focus of excessive rights protection into the criminal controversy,It analyzes the subjective and obj ective elements of the crime of extortion,and combines the behavior patterns of the actors in the act of excessive rights protection to distinguish the boundary between the act of excessive rights protection and the crime of extortion.Excessive rights protection means that the actor escapes from the general social norms in the process of rights protection.Even if the "reasonableness" of his rights request cannot avoid the harm caused by his excessive rights protection measures.In terms of subjective requirements,the problem mainly focuses on the determination of the actor's illegal possession purpose,that is,whether the actor's excess claim or lack of a right base for government request for compe nsation can be determined as having illegal possession of another's property purpose.In terms of objective requirements,whether the legal means can lead to the effect of mental coercion on the opposing party is a question to be discussed.In the act of consumer rights protection,consumers cannot be determined to have the purpose of illegal possession just by filing an excess claim,and they should be inferred from the strength of consumer behavior based on the theory of social equivalence.In the protection of letters and visits,the determination of the purpose of the illegal possession of a letter or visitor is made by judging whether it has a substantive or procedural rights basis.Whether it is threatened by exposure or excessive letter-and-visit behavior,legal rights protect ion is not a reason to exclude coercion.Especially in the act of threatening ad ministrative agencies with excessive letters and visits,the "triangular intimidatio n" theory can effectively confirm the establishment path of the crime of extortion.The handling of excessive rights protection cases should be combined with the current social environment and policy background,and analyzed through specific issues of social equivalence theory.Legal rights protection activities or generally illegal rights protection activities should not be included in the scope of criminal law regulation.Penalties are regulated and form correct guidance,reducing the scope of the crackdown and implementing the modesty of criminal law.As for the criminal acts of extortion and blackmail in the name of safe guarding rights,the principle of criminal law should be strictly implemented to crack down.Clarify the boundaries of the exercise of rights,and strictly limit the exercise of rights within the scope prescribed by law.