Research On Judicial Identification Of Excessive Rights Protection And Extortion Crimes

With the continuous development of the rule of law and the continuous progress of society,the awareness of rights has been deeply rooted in the hearts of the people.When people’s own rights are damaged,they begin to safeguard their own rights.However,in the process of negotiation,in order to improve their bargaining chips in the negotiation,defenders usually use some exposure and other means that can cause the mental pressure of the defenders to obtain their expected remuneration.Moreover,due to the large amount of compensation requests put forward by the defenders in the process of rights protection,the rights protection event is like extortion.The reason for the above phenomenon is that there are disputes in the judicial circles about the judgment of the nature of "illegal possession purpose" of the huge amount of compensation claims,and there are also disputes about the threatening judgment of exposure and other means used by defenders in the process of safeguarding their rights,which leads to different trial results due to their different views on similar cases.In this study,according to two typical cases,"Guoli milk powder case" and "Li Haifeng rights protection case",we will further discuss the disputes existing in the definition of excessive rights protection and extortion crime,further demonstrate the rights protection behavior,amount and basis of excessive rights protection,and discuss the focus of excessive rights protection,including huge claims Exposure behavior and rights protection basis will be mainly discussed.Secondly,many views on the crime of extortion derived from the case will also be discussed,in which the determination of the purpose of illegal possession is the primary factor,followed by coercion and the legitimacy of safeguarding rights.Finally,it shows the views on the sentencing of the above cases in this study,and puts forward opinions and suggestions to avoid the recurrence of the above phenomena.