Research On Extortion Type Excessive Rights Protection Behavior

With the development of economy and society,citizens’ legal awareness is generally improved,and they pay more and more attention to their legitimate rights and interests,and actively save themselves by law.Although the law stipulates that consumers have the right to claim their rights and obtain appropriate compensation in accordance with the law when their legitimate rights and interests are infringed.However,in practice,consumers often claim sky high compensation to operators by exposing to the media,which may be suspected of the crime of extortion in the criminal law.To study the phenomenon of over safeguarding rights,we should deeply analyze the cases in judicial practice and have a relatively comprehensive understanding of the nature and characteristics of over safeguarding rights.For excessive rights protection behavior,indepth research has been carried out at home and abroad,but there is still no unified identification standard on the definition of crime and noncrime.In China,there are not only different opinions among scholars,but also in judicial practice,each court has different opinions,different judgments in the same case occur from time to time,and the judicial department often has differences on the handling methods of the same case.The phenomenon of different judgments in the same case has seriously affected the fairness of judicial judgment in our country.Therefore,it is a difficult question whether excessive rights protection behavior constitutes extortion and what should be the specific standard,which needs in-depth research.In essence,excessive rights protection behavior still belongs to rights protection behavior and belongs to the category of "private relief".However,if it is blindly incriminated or not,it will be extremely unfair to the perpetrator or or the relative person in some specific circumstances.Therefore,the specific identification of excessive rights protection behavior should adhere to the principle of reasonable treatment,and flexibly grasp the boundary between crime and noncrime.