The Limit Research Of Non-violence Threat Safeguarding-rights Act

At present, with the development of market economy, extending in the field of the services and strengthening civil rights awareness, the number of cases started by safeguarding-rights act increased year by year. In the process of safeguarding-rights, the non-violence threat safeguarding-rights act which resulted in serious consequences were incorporated into the scope of extortion, and it is the usual practice of judicial practice. In the theoretical circles on such non-violence threat safeguarding-rights act, there are three theories:guilt said, innocence said and pending said.In view of the above situation, this article begins with four cases of discrimination, analysis with the focus of difference between non-violence threat safeguarding-rights act and extortion, then, expounds how to analysis the non-violence threat safeguarding-rights act, and uses that to create evaluation method for such safeguarding-rights act to perverted the crime of extortion to be abused.This paper consists of four chapters. The first chapter is the judicial status of the non-violence threat safeguarding-rights act. This chapter is divided into two parts of contents:the first section lists three kinds of typical cases, petitioning safeguarding-rights, consumer rights protection, labor rights protection; the second section is the analyze of the three cases in first section, and then explains the other focus of difference between non-violence threat safeguarding-rights act and extortion.The second chapter is the research status of the non-violence threat safeguarding-rights act. This chapter consists of three sections. The first section mainly expounds the necessity of limit research of the non-violence threat safeguarding-rights act; The second section discusses the research status of the crime and non-crime of the non-violence threat safeguarding-rights act; The third section discusses the present ways to divide the limit between the non-violence threat safeguarding-rights act and extortion on rights boundaries.The third chapter is the legal basis for the non-violence threat safeguarding-rights act. The discussion mainly focus on the legal basis for the legal action and the amount of source of rights.The fourth chapter discusses the limit between the non-violence threat safeguarding-rights act and extortion. This chapter is divided into three sections. Starting from the cases in the first chapter of the first section, the thesis states safeguarding-rights act should pay attention to the several limit:the facts, the subject, the methods, the object, the claims. The second section explains how to reasonably evaluate the safeguarding-rights act, and put forward the flow chart of evaluation of safeguarding-rights act. In the third section, we’ll use the flow chart to analysis the typical cases in the first chapter.