The development of the nomocracy and the progress of the society have made the consciousness of the right gradually deeply rooted in the hearts of the people.Therefore,most of the public will take different ways to safeguard their rights to be infringed or damaged.However,there are some extreme or radical ways of overtaking rights in these actions,which often hover on the border of extortion.In view of these excessive rights,different ways of cognizance and treatment are adopted in the judicial practice,which mainly shows that different handling standards have appeared on the same issue,and the problem of identical lawsuits with distinct judgment is prominent.In addition,scholars have been exploring the question of whether excessive rights protection is consistent with the crime of extortion.In the background of such theoretical research and trial practice,whether to define or not and how to correctly define the excessive rights of rights and extortion has become a very important question.In real life,all kinds of excessive rights protection have some complexity and particularity in the way of behavior and rights.Therefore,it is necessary to consider whether such behavior can be considered as a crime of extortion,but it should not be generalized,but specific analysis should be made.On the one hand,we can not bring them into the criminal law perspective to regulate the criminal law,but actively use other prepositional legal means,such as civil and administrative,to guide and standardize them correctly.Otherwise,the scope of the criminal law regulation of the crime of extortion will be overdue.The expansion has made the crime a new "pocket crime" trend;On the other hand,we should not take an attitude of laissez faire,making such behavior rampant in the market and destroying the order of market economy in the market,but should be strictly based on the requirements of the law of crime and punishment,and put it into the scope of the criminal law. |