Research On Guo's Racketeering Case

Along with the With development of times,the country's economy and culture are increasing,and public's legal awareness is gradually awakening.When their own interests are damaged,people often take various ways to safeguard their legitimate rights and interests under the guidance of law.However,in judicial practice,people's rights needs are characterized by diversity,because the efficiency of public relief,cost and other reasons can not meet the urgent needs of rights defenders,excessive rights protection phenomenon emerge in an endless stream.As the theoretical and practical circles have not reached a consensus on the handling of such cases,this makes it difficult to determine between legality and illegality,as well as guilt and innocence,of advocacy actions.The phenomenon of different verdicts in the same case occurs from time to time.The article analyzes the excessive rights of consumers in the process of defending their rights,using the “Guo Mou extortion case” as an example,and further explores the definition of excessive advocacy and racketeering cases.Through the analysis of the basis of the right to defend,the determination of the "purpose of illegal possession",the determination of objective threats and coercion,and the determination of the linkage between the claim and illegal possession,to determine the nature of excessive right to defend coercion and the connection between claim and illegal possession.Finally,in the aspect of objective elements,Guo's behavior of safeguarding rights did not lead to the effect of mental coercion;In the aspect of subjective elements,the doer does not have the criminal intention of illegally possessing others' property.By the above conclusions to futher clarify the boundaries between excessive advocacy and racketeering,and try to reduce the occurrence of different sentences in the same case,so as to make the public trust and respect the law.