Excessive Rights Protection Behavior From The Perspective Of Criminal Law

With the development of social economy,in the field of consumer rights,in recent years,there are often extortion acts,extortion,this article is to analyze this behavior,to explore whether it is worth extortion,and consider how to punish.The full text is divided into four parts.The first part is an introduction to the study of the case of the case of excessive protection of the rights of consumers,and then through criminal law and innocence,these two issues raised the question of whether the excessive rights were guilty and the issue of extraterritoriality and processing.The second part is an overview of excessive rights,including the definition of excessive rights,the characteristics of excessive rights,etc.,and lists the judicial practice in the case of excessive rights and behavioral cases and the status quo,the purpose of the analysis Is to show the current practice of judicial practice,similar cases do exist more severe difficult to deal with the problem,need to be resolved.In the third part,the author puts forward the difference between excessive right activism and extortion from the angle of legal interest,subjective and objective behavior,and proves that excessive rights activism is not suitable for the generalization of extortion.There are many differences between them;and subjective vicious and objective damage to excessive rights activities are relatively low.In the fourth part,the author submits his own opinion on how to deal with the excessive claims of rights in today's judicial activities,in particular from modest values,emphasizing that even in judicial activities should also be noted and then enumerated The number of acts that are suitable for extortion,and some more vicious and behavioral characteristics that are clearly criminal.I believe that there is indeed a part of the illegal possession of the practice is the name of the enterprise name extortion activities,but not worth all excessive rights and interests are extortion.In the absence of clear provisions on legislative and judicial interpretations,the judicial practice department should abide by the moderate spirit of the criminal law in dealing with these cases and should not easily plead guilty.I hope that this article will enrich and improve the criminal law theory,more effective in serving criminal legislation and judicial practice.