Research On The Criminal Law Evaluation Of Consumers' Excessive Rights Protection Behavio

In the past,people’s cognition,in the face of infringement of their own rights and interests,is usually to stay calm,avoid trouble and swallow their anger,but the rapid and vigorous development of the economy has enhanced people’s awareness of protecting their own rights.There are many cases of rights protection in the consumer field,but the legal provisions in this area are relatively lagging and single.Internet technology developing rapidly and progressively,plentiful Internet platforms have the attributes of fast dissemination speed and wider influence,and the methods of rights protection have become diversified.In the case of excessive rights protection,the common "exposure" behavior is no longer stuck to the previous paper media,Television media,etc.,but chooses platforms such as Weibo and Douyin,which have a larger flow and spread more rapidly.This has also led to the exposure behavior will have a greater and more difficult to estimate impact on merchants.The amount of money involved in consumers’ excessive rights protection incidents is getting larger and larger,and some even reach tens of millions of yuan.In the process of safeguarding their own rights and interests,people behave in an excessive way,and if they are not careful,they may break the law or even commit crimes.In this regard,China’s theoretical circles and judicial practice hold different attitudes on whether excessive rights protection acts should be evaluated by the criminal law,and the situation of "different judgments in the same case" happens frequently in judicial practice.The reason for this phenomenon is not that the facts of the case are complex and unclear and the evidence is insufficient,but because the nature of the excessive rights protection act is difficult to determine,whether it is a reasonable right protection act or a criminal act that has infringed on the legal interests.The analysis and definition of the meaning of excessive rights protection behavior will be proceeded in this article,and sort out the judicial dilemma,explore the difference between reasonable rights protection and excessive rights protection,and discuss the criminalization criteria and criminal boundaries of excessive rights protection behavior,so as to provide practical reference.This article will be divided into the following four chapters:According to the analysis of the specific features of excessive rights protection behavior and the distinctions with reasonable rights protection behavior,the first chapter of this article defines it as the behavior of consumers who claim compensation for obviously exceeding their legitimate rights and interests by improper or excessive means when their legitimate rights and interests are infringed due to consumer disputes.Then,the necessity of criminal law evaluation of excessive rights protection behavior was demonstrated,and the current situation of judicial practice was sorted out.When judicial organs hear cases with similar or identical circumstances,they have different opinions or even diametrically opposed opinions.Three controversial issues arising from current practice are summarized.The second chapter analyzes and interprets the objective aspects of consumers’ excessive rights protection behavior.The first part first analyzes the excessive rights protection behavior by taking the composite behavior as the starting point.In the case where excessive rights protection constitutes the crime of extortion,excessive rights protection should be divided into two acts,rights protection acts and claims,and neither of which can constitute the crime of extortion alone.Then,because excessive rights protection behavior is most likely to be suspected of constituting the crime of extortion in the criminal field,the meaning of threats and threats and the judgment criteria for the victim to have a "fear mentality" are analyzed.Finally,the solution ideas are analyzed on the coercive determination of rights protection behaviors exposed to the media and self-destructive rights protection behaviors.In this section,the exposure behavior is discussed from three aspects,illegality,and the fear of businesses and social equivalence.Self-detrimental rights protection does not have a coercive nature on the other party,and is not a coercive act in the crime of extortion.The third chapter interprets the subjective aspects of consumers’ excessive rights protection behavior.Because excessive rights protection is most likely to be suspected of constituting the crime of extortion in the criminal field,the illegality of the purpose of the defender’s claim begins with the analysis of the purpose of unlawful possession in the crime of extortion.The first part first analyzes the elements of subjective purpose,one is the source of the consumer’s right to claim,and the other is the amount of claim that is closely related to the determination of subjective purpose in practice.In terms of subjectivity,the meaning of the purpose of unlawful appropriation is analyzed and the subjective purpose is analyzed in a presumptive manner.Finally,the difficulties of disputes in practice are analyzed.The first is the relationship between high claims and the purpose of unlawful possession.High compensation is a process of negotiation between the two parties,and the opposing party may not necessarily fully agree,and there is no necessary link between the high claim and the purpose of illegal possession.The second is to determine the purpose of illegal possession in the secondary rights protection act,if the basis of the right still exists,the consumer’s secondary rights protection act does not have the purpose of illegal possession.The fourth Chapter is a comprehensive judgment of typical crimes of excessive rights protection by consumers.First of all,the theoretical basis of criminal law for judging excessive rights protection behavior is based on the measurement of legal benefits.Then,in the determination of whether the excessive rights protection behavior constitutes the crime of extortion,and the determination was made separately according to the claims and the means and acts.Claims that are outside the normal range and threat means constitute the crime of extortion;claims that are outside the normal range and lawful means do not constitute the crime of extortion;claims that fall within the normal range and threat means do not,but whether the threat means constitute other crimes is discussed separately.The third section mainly discusses whether excessive rights protection acts constitute the crime of damaging commercial reputation,commodity reputation,and picking quarrels and provoking troubles,and comprehensively determines from two points,one is to infringe on legal interests and the other is a criminal act.