The Criminal Penalties Boundaries For Excessive Rights Protection

In this era of rising awareness of civil rights,more and more citizens choose to actively defend their rights when their rights are damaged.However,for various reasons the adopted a more radical that go beyond the limit of human rights behavior which constitutes the crime of extortion phenomenon emerge in endlessly,“excessive human rights” has become a hot topic.Excessive rights protection is not a special legal term,but the general term of mass media for rights protection activities that may be suspected of breaking the law and establishing a crime.Refers to the offender after their rights are violated,by means of ultra,price is too high or other obvious unreasonable request,for each other’s good behavior,need to pay attention to the excessive rights behavior and the judicial practice is relatively easy to confuse the two situations: right exercise behavior and behavior person knowing its basis and without the right under the guise of extortion in the name of property right.Because the process of excessive rights protection is often accompanied by the use of illegal means and means of extorting money,so that in judicial practice,many judgments have determined that excessive rights protection behavior constitutes the crime of extortion,but there are very few judicial decisions that the act of the actor doesn’t constitute a crime or constitute the crime of picking quarrels and causing trouble.It can be said that in judicial practice,there are widespread disputes between crime and non-crime,this crime and that crime,and often people’s general cognition and judicial judgment conflict phenomenon,at the same time,the academic circle for excessive rights protection behavior is mainly focused on whether excessive rights protection behavior is established on the crime of extortion.The reason is that in traditional crimes,the victims are often not at fault.while in the case of excessive rights protection,the infringement of the victim is the main inducement of the excessive rights protection of the perpetrator,and the perpetrator’s behavior generally has certain legitimacy.How to balance the balance of interests between the victims of infringement and the perpetrators of excessive rights protection,better realize the role of law in leading social fairness and justice and reflecting the voice of the people,explore the possibility and need for protection of victims,It is critical to draw the line between excessive rights protection and extortion.The following three factors should be comprehensively analyzed and considered for the limit of criminal law punishment for excessive rights protection behavior:Firstly,it is necessary to judge whether the basis of rights protection has legitimacy.The right with legitimacy can be both legal and moral rights,and its legitimacy is recognized by the general public of society and has objectivity.Secondly,it is necessary to judge whether the means exceed the necessary limits,specifically,it is to judge whether the means exceed the degree that the general public should tolerate,whether the means of pressure to suppress the victim’s freedom of conscience,that is,the degree of coercion;At last,to judge whether its subjective purpose is legitimate.Based on the consideration of these three factors,the excessive behavior of safeguarding rights which is easy to be established as a crime in judicial practice should be reasonably restricted to constitute a crime.Excessive rights-protecting petitions and requests for money can’t be considered to constitute the crime of extortion.As for the excessive rights protection of consumers,the main dispute focuses on whether the behavior of knowing and buying fakes constitutes the crime of extortion,which should be divided the case discussion,The ordinary professional counterfeiters who know about buying counterfeits and fighting counterfeits.