In the field of economic consumption,the question of whether the behavior of consumers who,in the name of defending their rights,demand money from merchants,or else report or expose defects in goods or other faults of the merchants,is an act of defending their rights or an act of extortion has always been a civil and criminal issue that has received a great deal of attention.The main reason for the dilemma of this behavior is the question of whether there is an infringement of the interests of the law.In addition to the two one-size-fits-all determina-tions of criminalization or exoneration,existing research in China has also identified a typology of standards through different combinations of the purpose of unlawful appropriation,the basis of the right,the means of defending the right,and the amount of the claim.However,these identification paths and differentiation standards still have cer-tain problems and flaws.Based on this,and taking into account the relevant extraterritorial experience,it is found that through the principle of exploitation,it is more appropriate to use the consumer's"repeated extortion"as a means of determining a strong exploitative relationship,which not only proves the infringement of the legal interests of free will,but also eliminates the paradoxical problem of extortion.
关键词
民刑交叉/过度维权/敲诈勒索/剥削原则
Key words
intersection of civil and criminal law/over-vigilance/extortion/principle of exploitation
维普
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