A Study On The Definition Of Excessive Rights Protection And Crime Of Extortion

In recent years,with the improvement of people’s rights awareness,when rights disputes occur,under normal circumstances,people will take measures to protect their rights and interests under the guidance of laws and regulations,that is,rights protection activities.When safeguarding their own rights and interests,most rights defenders exercise their rights within the scope permitted by law,that is,legitimate rights protection.However,in the process of defending their rights and interests,some defenders will use threatening language to make noise,illegal petitions and demonstrations,and other vicious means to disrupt social order.In some cases,defenders will ask for a large amount of compensation or make other unreasonable claims.These excessive rights protection behaviors are beyond the necessary limits and scope of the law,and may constitute an illegal or even a crime.There is a certain overlap between the “excessive coat” of excessive rights protection behavior and the criminal behavior of property,especially the crime of extortion.There are disputes about whether excessive rights protection measures are consistent with threats and coercion,and whether huge claims are consistent with the purpose of illegal possession.Therefore,it is difficult to define whether excessive rights protection acts constitute the crime of extortion.At present,people from all walks of life have different opinions on the characterization of excessive rights protection.and the relevant laws and regulations have not made clear and specific provisions on the excessive rights protection behavior,which leads to the differences in the treatment of this kind of behavior by the judicial organs in practice,showing a chaotic phenomenon,and there are many controversial and influential cases,which weakens the judicial power to a certain extent authority and credibility.How to accurately define the crime of excessive rights protection and crime of extortion has become a problem in judicial practice at present.This paper selects three typical cases as research perspectives to deeply explore the definition of excessive rights protection and the crime of extortion,in order to enrich the relevant research on excessive rights protection and the crime of extortion,and seek approaches to accurately define excessive rights protection and the crime of extortion.At the same time,it guides defenders to adopt more legal and reasonable methods to protect their rights.The article has been divided into three parts: In the first part,on the basis of collecting and sorting out three judicial cases,the author puts forward the problem of whether the excessive rights protection behavior constitutes the crime of extortion,and extracts three controversial focuses,namely,whether the basis of rights protection is legitimate,whether the rights protection measures constitute intimidation threats or coercion,and whether there is an inevitable relationship between the amount of claim and the purpose of illegal possession.The second part is the analysis of the law of the relevant controversial focus issues involved in the case.It analyzes relevant theories and difficulties in the definition of excessive rights protection and crime of extortion from three aspects: the theoretical basis of excessive rights protection,the definition and analysis of excessive rights protection and excessive rights protection,excessive rights protection and illegal crimes,and the analysis of the dispute focus of excessive rights protection and extortion crimes.The third part is based on the analysis of the previous article,and draws the conclusions of the cases and research inspiration.In view of the difficulty in defining excessive rights protection and crime of extortion,it is concluded that the unfounded rights protection should constitute the crime of extortion,the threat and coercion should be objectively evaluated,and the amount of compensation should not be used as the boundary between crime and non-crime.And from the perspective of rational treatment of rights demands and the improvement of relevant legislation by using the principle of modesty of criminal law,this paper will put forward reasonable suggestions to better define the excessive rights protection and crime of extortion.