Criminal Law Analysis Of Excessive Rights Protection

In recent years,with the continuous construction of a country under the rule of law,people’s awareness of rights is increasing day by day,and excessive rights protection cases are common.The crime and non crime of this excessive rights protection behavior have aroused great concern of the whole society.Here,the paper takes the excessive rights protection behavior of sky high claims as the topic,combs the controversial focus caused by the qualitative nature of the criminal law of this kind of behavior,analyzes the elements affecting the excessive rights protection behavior,and discusses the path of the criminal law analysis of the excessive rights protection behavior on this basis.The main content of the paper is divided into five parts.The specific contents are as follows:The first part is the typical cases and the focus of controversy.This paper focuses on two cases of excessive rights protection guidance,namely,the rights protection in the field of petition and the rights protection in the field of labor and capital.This paper briefly describes the basic facts of the case,analyzes and interprets the judgment results and reasons of the two cases,and points out the controversial focus of the case: is the means of rights protection coercive? Does the skyrocketing claim indicate the purpose of illegal possession?The second part is an overview of excessive rights protection.This paper introduces the connotation,characteristics and types of excessive rights protection behavior.As a self-help behavior to protect their damaged rights and interests beyond the reasonable limit,excessive protection of rights has the characteristics of cause and undue.This behavior is classified from the perspectives of right source and case type.The third part is the theoretical disputes and evaluation of the characterization of criminal law.There are different views on the identification of excessive rights protection in academic circles.There are mainly two theories:the theory of guilt and the theory of innocence.The theory of guilt holds that defenders have the purpose of illegal possession and threaten each other by means of threat,which constitutes a certain social harm.The theory of innocence is still in the jurisdiction of civil law,and the purpose of exercising power is legitimate,which denies the wrongfulness of excessive behavior and should not be criminalized.Both theories put forward their own theoretical basis,but it is too arbitrary to deal with guilt or innocence across the board,but the specific case is analyzed in detail.The fourth part is the analysis of various elements affecting the characterization of criminal law.First,objective elements,such as means of safeguarding rights,and second,subjective elements,such as subjective purpose.For the controversial issues in various elements,this paper first makes a theoretical explanation,and then analyzes and demonstrates in combination with the case,making it clear that the means of safeguarding rights generally do not belong to the coercion of the crime of extortion,and there is no inevitable relationship between the amount of claim and the purpose of illegal possession.When analyzing the excessive rights protection behavior,we should adopt the analysis method of comprehensive subjective and objective elements,and also focus on the investigation of objective behavior.The fifth part is the practice of criminal law analysis of excessive rights protection.From the perspective of practical application,the paper holds that at the macro level,we should treat the behavior with tolerance and caution,and balance the role of various legal departments;At the application level,the identification path of the crime and non crime of the act is from the legitimacy of the premise of safeguarding rights,to the time of the purpose of illegal possession,to the measurement of the amount of claim and the value of cause and reason,and finally the analysis of the nature of the combination of means and purpose;At the measure level,the crime of coercion can be added in the substantive law,the corresponding laws and regulations can be improved,and the inversion of the burden of proof in the procedural law can be used to avoid the occurrence of objective imputation errors.In practice,most rights protection acts are legal,some may have defects or improper places,and only a few may constitute a crime due to violation of legal conditions.Legitimate rights protection is of great significance to the public interest.Improper rights protection will also have a negative impact on social development,so as to realize the orderly coordination between indulgence,excessive rights protection and rash criminalization.