Discussion On The Boundary Between Excessive Exercise Of Power And Extortion

Our country citizen’s legal consciousness is growing.In their own rights and interests is damaged,many people will choose the way of self-help remedies to solve.In reality,excessive exercise of the right,some even constituted extortion.It is right to exercise,but fall a sentenced to racketeering sin.But at the same time,for a similar behavior,some are the court decided that in the case of excessive exercise of innocence belongs to rights in connection with different sent.Investigate the root cause,is due to excessive exercise the rights and racketeering crimes caused by lack of boundaries.The status quo,on the one hand,can lead to people failing to grasp the bottom line of the right to exercise the standards,on the other hand also do harm to the judicial justice and authority.Therefore,it is necessary to build right excessive exercise with racketeering sin limit standard.Based on this,the purpose of this paper is to analyzes the related case,concept and category of excessive exercise the right to determine,and different from extortion,excessive exercise to build rights and racketeering sin limit standards.In addition to the introduction and conclusion,this paper is divided into four chapters.Is the first chapter is clear right excessive exercise and racketeering sin that the lack of boundaries.Through online search keywords in China the written judgment "rights" and "extortion" were selected from January 2008 to August 2020 valid cases in one thousand eight hundred and fifty-one as sample to study.To this more than a decade after the case analysis of statistics,found that excessive exercise the rights in consumer rights protection,petitions,and labor claims and categories,the verdict if the case constitutes the crime of extortion accounted for eighty-one percent.At the same time,the judicial practice in connection with different phenomenon is more obvious.Distribution condition of the samples after further analysis,it can be seen that the exercise behavior and racketeering sin that excessive right boundaries exist.Finally,from the right to excessive exercise and racketeering sin the purpose of illegal possession purpose there is overlap,two aspects of exercise means there is overlap of excessive exercise their rights and racketeering sin the cause of the lack of boundaries are discussed.The second chapter is analysis of the nature of rights of excessive exercise behavior and legal principles.First,excessive exercise the rights for qualitative,clear rights excessive exercise behavior concepts and categories.Excessive exercise of rights is a seemingly because their rights are violated or require unreasonable claims by using the way of ultra rights behavior.Furthermore,according to the point of view,from the right to exercise the basis,compensation,the appropriateness of excessive exercise categorization of rights.At the same time,excessive exercise of the right can be divided into legal,illegal and criminal behavior.For excessive exercise what behavior belongs to the right,to classify and reasoning.Moreover,from the aspect of legal nature of the exercise of excessive right were analyzed.The excessive exercise of rights from two aspects of "right" and "excessive".Right to exercise itself is legally allowed a private aid force,but precisely because beyond limit makes itself have extortion.Excessive exercise of rights is the manifestation of "excessive" person to use unnecessary effort and make unreasonable claims.But given the offender is usually in a weak position and rights protection foundation does exist,excessive exercise shall absolve the processing of rights.At the same time,in the exercise of excessive right in dealing with the case need to follow the austerity of criminal law and judicial principle.The third chapter is to establish a right to excessive exercise with racketeering sin limit standard.Before the standard construction,the components of the crime of extortion and clear the protection benefit.Threats and blackmail is a typical behavior of racketeering sin.Crime of extortion demands the offender has the purpose of illegal possession,at the same time opposite party delivery property is threatened by the offender to blackmail.On the exercise of rights over that need investigation purpose and behavior means behavior of person.Right to excessive exercise with racketeering sin limit standard,differentiated from two angles,one is the purpose of illegal possession of any judgement;Second,the behavior means the degree of stress.When the offender subjective has the purpose of illegal possession,objective behavior means racketeering sin required by the stress level,the exercise behavior of excessive right could be regarded as crime of extortion.The fourth chapter is right excessive exercise of the distinction between crime and the crime path.Transition from right to exercise the subjective purpose of identifying excessive exercise of rights and objective means of two aspects.To damage the purchasing exercise at the same time in the controversial fake fake,high claim to analyze subjective purpose,the disclosed to news platform behavior means to analyze objective measures.Realize creditor’s rights of the creditor to exercise can be divided into excessive approach makes legal claims and excessive approach for derivative claims due two categories.The former debt because of the existence of due before legal creditor’s rights,belong to the category of civil legal relationship;The latter by derivative claims do not have the request basis as has the purpose of illegal possession.