The Boundary Between Consumers’ Excessive Rights Protection And Extortion

With the development of market economy and the awakening of civil rights awareness,consumers’ awareness of rights protection is also growing.Among all kinds of rights protection means,the means of threatening businesses by exposing them to the media to claim huge compensation has strong similarity and coincidence with the crime of extortion in the criminal law.The essence of consumers’ excessive protection of rights is a kind of private relief in civil law,but the "excessive part" of behavior or purpose has the possibility of property legal interest infringement in criminal law.Due to the fact that the laws on the protection of consumers’ rights and interests belong to the guiding norms of adjudication in nature,and the standard of punitive damages is relatively simple,it is not uncommon for consumers to choose self-help relief when seeking public power intervention.However,in judicial practice,it is obvious that there is no good strategy to deal with these complex rights protection behaviors.Therefore,in the judicial practice,there will be some cases which are very similar,but the judgment results are different.For example,the "Guoli claim case" mentioned in this paper has been corrected for nearly ten years.Consumers’ excessive rights protection behavior is just at the crossroads of civil and criminal law.How to regulate,how to define,and how to form a unified judgment standard to avoid the situation of different judgments in the same case are the problems that need to be focused by the theoretical and practical circles.In the process of solving this problem,we should not only trace back and draw lessons from useful theoretical viewpoints,but also carry out a hierarchical criminal law analysis of the crime of extortion at the level of constitutive elements,make a substantive explanation of crime and non crime with the assistance of social equivalence theory,and weigh the legal interests on the basis of the value of the principle of modesty,so as to clarify the relationship between the crime of extortion of property and the rectification of civil property The different boundaries provide useful guidance for judicial practice.The first chapter of this paper introduces in detail the connotation,characteristics,causes and various types of consumers’ excessive rights protection behavior.Starting from the understanding of the concept of excessive right safeguarding behavior,this paper briefly describes the performance of consumers’ excessive right safeguarding behavior,and understands its characteristics,including the cause of right safeguarding behavior,the extreme of right safeguarding means,and the improper of right safeguarding means.Then it explains the causes of consumers’ excessive rights protection from the practical level.Combined with some cases in practice,it introduces four typical types of consumers’ excessive rights protection,namely "excessive rights protection of high claims","excessive rights protection of repeated claims","excessive rights protection of improper means" and "excessive rights protection of counterfeiting".The second chapter analyzes the legal attribute of consumers’ excessive rights protection behavior,and finds that it belongs to private relief behavior,so as to have a basic qualitative analysis of the behavior.In the third chapter,starting from the subjective and objective elements of the crime of extortion,the author expounds the distinguishing standard between the consumer’s excessive rights protection behavior and the crime of extortion,and puts forward his own views on three controversial issues in theory and practice: first,the consumer’s behavior of threatening to expose to the media or asking for a huge amount of compensation through we media exposure under the condition of legitimate rights It is not the coercion behavior in the crime of extortion;second,it is considered that there is no equal sign between the high claim behavior with right basis and the consumer’s illegal possession purpose;third,it is considered that the consumer who has been compensated for the first time loses the right basis,and then repeatedly claims with the same fact as having the purpose of illegal possession,but the relative person voluntarily compensates again Except for negotiation with consumers on compensation matters.Secondly,this paper holds that when judges judge the crime and non crime of consumers’ excessive protection of rights,they should not only analyze the subjective and objective elements of criminal law,but also interpret the crime of extortion with the theory of social equivalence as the auxiliary standard,combine the principle of modesty in criminal law,and comprehensively consider the nature of the infringed legal interests and the evil nature of excessive protection of rights The degree of inferiority and the degree of consumers’ subjective malice determine the crime and non crime.