The Differences Between Over Rights Protection And Blackmail

Since the Law of Consumer Rights and Interests Protection brought into effect,Consumer rights awareness is more intense,but in the field of consumption there is a phenomenon:the consumer price claims.On 2006,college students Huang Jing claim to the ASUS prelude to consumer rights over price related crime of blackmail and impose exactions.And on 2016,Xu Haifeng claim 3 million for four packets of instant noodles,but being jinmailang to blackmail and impose exactions on convicted and punished.This aroused widespread concern once again,and made people ponder:what drives human rights regardless of the dignity of the law.What is this behavior over rights or blackmail and impose exactions on the theory and the judicial practice,there are still huge controversy,the reason is that the behavior of the fuzzy zone relates to the civil law and the criminal law in the field of double.In this paper analyzes what is rights,what is over rights,and what is blackmail and impose exactions.when over right will become the crime of blackmail and impose exactions.To conclude the factors identified crime of blackmail and impose exactions in all countries:one hand is whether there is a legitimate rights foundation,another hand is the exercise of power in the right range,and follow the principle of unity of subjective and objective comprehensive to analysis.Through the study of the domestic judicial identification,summed up the focus of controversy.Finally analyzes the boundary of the subjective excessive and the blackmail and impose exactions,and the boundary of the excessive means and blackmail and impose exactions,and the boundary of the excessive claims and blackmail and impose exactions.The author finally puts forward the expectations of consumers the right to exercise power,guide social morality,clarify the legal gray area,to keep the modesty of criminal law but also to maintain the dignity of law fairness and justice,careful punishment.