Research On The Relevant Issues Of The Criminal Law Determination Of Excessive Safeguarding Of Rights

With the development of social economy and the continuous progress of the times,citizens’ awareness of rights is increasingly strengthened,and the cases of safeguarding rights are also increasing year by year.However,citizens sometimes neglect the measure of safeguarding rights in order to maximize the efficiency of rights relief,and take some more radical measures to remedy their rights.In judicial practice,the appearance of similar acts of excessive protection of rights often has different qualitative behavior,and the phenomenon of different judgments in the same case occurs from time to time.The issue of the determination of the criminal nature of excessive protection of rights has gradually come into people’s view.As for the determination of the criminal nature of excessive safeguarding of rights,China has three views: "guilty","innocent" and "compromise".To further resolve the controversial issues of crime and non-crime,this crime and that crime,we need to conduct a systematic and comprehensive analysis of the basis,purpose and means of safeguarding rights.From the perspective of whether the basis of safeguarding rights is legal,whether the purpose of safeguarding rights is legitimate,and whether the means of safeguarding rights are legal.This article is divided into the following parts: The first part starts from the trial practice of excessive rights protection,combs the relevant jurisprudence,and summarizes the problems in the trial practice.The second part defines the concept and characteristics of excessive safeguarding of rights,and discusses and analyzes its relevant domestic theories;The third part concretely analyzes the determination of the criminal nature of excessive safeguarding of rights.Distinguish between non-penalty,administrative punishment and criminal punishment,and provide specific judgment criteria and analysis methods;The fourth part discusses the criminal law qualitative problem of typical excessive rights protection behavior.Specifically,the excessive protection of rights in the field of consumption should be carefully criminalized,the excessive protection of rights in the field of letters and visits should be distinguished from the crime of provocation and extortion,and the excessive protection of rights in the field of debt should be classified and discussed on the basis of the original illegal claims and derivative claims.The author believes that discussing the criminal law identification of excessive safeguarding of rights,accurately distinguishing between crime and non-crime,this crime and that crime,is conducive to our correct understanding and grasp of the spiritual essence of the act,reducing the misjudgment and misjudgment of excessive safeguarding of rights in judicial practice,promoting the progress of judicial practice,and is conducive to comprehensively promoting the rule of law and promoting the "rule of China".