| With the continuous improvement of China’s socialist legal system and the continuous enhancement of citizens’ concept of the rule of law,the rights granted to citizens by the Constitution and other departmental laws have been paid more and more attention by all citizens.However,the abuse of various rights also occurs from time to time.How to distinguish between the legitimate exercise of rights and the abuse of rights,and to what extent and in what way the abuse of rights needs to be regulated by criminal law have aroused heated discussions in the theoretical and practical circles.Different judgments made by national judicial organs also reflect different attitudes.Therefore,this article is expected to be beneficial to regulating the exercise of rights and further clarifying the boundary of the crime of extortion.Firstly,this paper interprets the basic connotation of the concept of the exercise of rights,defines the basic connotation of the exercise of rights in the criminal law,combs the related concepts of the exercise of rights and the current research status of the exercise of rights in the academic circles.The second is to advocate that the criminal law must adhere to the basic position of the principle of the unity of legal order when evaluating the legitimacy of the exercise of rights,and criticize the one-sided emphasis on the priority application of criminal law.In the relationship between criminal law and prepositional law,we should take the eased illegal monism as the basis,advocate the theory of relative subordination of criminal law and the protection of normative purpose,and discuss the basis of different types of rights.The third is to clarify the criminal law judgment path of whether the exercise of rights can constitute the crime of extortion.We should comprehensively consider the infringement of legal interests caused by the exercise of rights and the social equivalence of the means of exercising rights,including the judgment of property losses,whether there is the purpose of illegal possession,and whether the victim’s free will has been infringed,etc,It is advocated that we should maintain a cautious attitude in the process of determining whether the improper exercise of rights constitutes the crime of extortion,strictly follow the requirements of the principle of legality of crime and punishment,prohibit analogical interpretation that is not conducive to the perpetrator,and adhere to the unification of the formal standard of incrimination and the substantive standard of incrimination. |
