Criminal Regulation Of Excessive Rights Protection

With the continuous development of economy and science and technology,modern society is also confronted with risks in many aspects,such as economy,politics,ecology,technology and chemistry.German scholar Beck called such a society of reflexive understanding of modernization produced by technological civilization "risk society".In the risk society,the relationship between people shows a more unbalanced state,especially in the excessive rights protection in recent years.On the one hand,the perfection of the legal system has awakened people’s consciousness of rights,on the other hand,it has become a solid backing for the realization of rights,and people pay more attention to the exercise and maintenance of their own rights.Right holders take the initiative to safeguard their own legitimate interests,which is regarded as a historical achievement in the period of rule of law.In recent years,the sentencing standards of excessive rights protection for those identified as crimes of extortion and picking trouble have been rising obviously.The risks brought by excessive rights protection are more complex and challenge the boundary of legal regulation.Therefore,it is reasonable and necessary for the criminal law to deal with the risks of excessive rights protection,which can promote the modern rule of law to constantly update and change in the concept,mechanism and way.The risk regulation of excessive rights protection is also related to the healthy development of China’s human rights cause.Only by adhering to the principle of democracy and the rule of law can the risk regulation be carried out to ensure the continuous progress of human rights protection.In view of the current situation of the criminal law regulation of excessive rights protection,we should moderately expand the scope of the crime of excessive rights protection,perfect the risk assessment system of excessive rights protection,but must not deviate from the basic position of the modesty of criminal law,should seek the value balance of freedom and security,so as to form the consensus of the rights protection according to law in the society.