The Boundary Between Excessive Rights Protection And The Crime Of Extortion

With the continuous strengthening of civil rights awareness,the disputes arising from excessive rights protection are also increasing.However,there is no consensus between the theoretical circle and judicial practice on the handling of such cases,and the phenomenon of different judgments in the same case occurs from time to time,so it is an urgent problem to clarify the boundary between excessive rights protection and the crime of extortion.This paper is divided into three parts.The first part enumerates three typical cases of excessive rights protection,reveals the phenomenon of different judgments in the same case in practice,and abstracts the definition and characteristics of excessive rights protection from specific cases.There is no consensus on the definition of excessive rights protection in the theoretical circle.This paper tries to put forward a definition that can accurately define excessive rights protection.The second part of the crime of racketeering subjective more than the element of "illegal possession purpose" and the objective aspect of "coercion" analysis,the purpose is to find the determination of racketeering crime of the standard in order to better distinguish between excessive rights and extortion crime.In the third part,the author clarifies the boundary between excessive rights protection and the crime of extortion from the four aspects of behavior attribute,claim amount,subjective purpose and objective behavior,and puts forward the author's thinking on dealing with related cases in judicial practice.At the end of the article,the summary states that the excessive rights protection is still a kind of rights protection behavior in essence,the criminal law should keep modest to it,should not intervene in the normal civil activities.