On Whether The Excessive Behavior Of Safeguarding Rights Constitutes The Crime Of Extortion

With the vigorous promotion of the rule of law,the legal consciousness and the consciousness of safeguarding rights of our citizens have been improved.However,due to the complexity and time-consuming of the proceedings,when one’s rights are violated,private relief is still a main choice for citizens to protect their rights.But the exercise of rights should have its boundary,when the citizens’ means of safeguarding their rights are excessive or the compensation demanded is particularly large,the behavior of safeguarding rights belongs to the behavior of over safeguarding rights,when the circumstances are serious,there is a risk of crime.At present,the crime of excessive rights protection is often related to the crime of extortion.This is based on the current social background,few citizens take such means as violence or theft which are obviously criminal to protect their rights,to force the infringer to pay compensation by means of threat or coercion becomes the preferred private remedy.But when the perpetrator takes coercive measures to ask for excessive compensation,this kind of excessive rights protection behavior has a great similarity with the behavior structure of racketeering crime stipulated in article 274 of our criminal law.From the current judicial situation,at present,there are still many cases of extortion in the name of "safeguarding rights",even if the same type of action is taken to claim for excessive compensation,the judgment result is inconsistent.This has also led to the continuous discussion of this issue in the academic and practical circles.It should be made clear before discussing the question of "whether the crime of excessive safeguarding rights and extortion is successful or not",not all the excessive rights safeguarding behaviors may touch the crime of extortion,because they are not in line with the constitution and subjective purpose of extortion crime,the excessive right safeguarding behaviors of extortion by proper means and coercion means are not suitable for extortion crime.Therefore,it does not have the risk of constituting the crime of extortion,but it does not exclude the risk of other crimes or infringements.Whether the excessive right safeguarding behavior of extortingexcessive compensation by means of coercion constitutes the crime of extortion,we should start from the crime constitution of racketeering.Whether to make the opposite person fear as a means of judging defenders whether the behavior meets the standard of "threat" or "retribution" in extortion.However,the emergence of the counterpart’s fear psychology must be accompanied by the reality of the threat,the realizability of the threat means and the non-selectivity of the situation.Therefore,such legal means as "exposure to the news media","complaint reporting to the higher authorities" and "reporting of criminal facts" can also be used as a means of blackmail if they meet the standard of causing fear to the other party.And subjectively,whether the activist has the "purpose of illegal possession" required by the crime of extortion,it cannot be affirmed merely on the basis of excessive claims,it should comprehensively consider whether the claim for excessive compensation has a reasonable basis,whether it has taken the other party to create fear,no other selective means of behavior,whether the other party has voluntarily paid compensation or promised compensation without being coerced.Therefore,the above judgment standards and principles should be adopted for the success or failure of excessive rights protection and extortion.Specific issues should be analyzed.