The Boundary Between Consumer Rights Protection Behavior and the Crime of Extortion
With the rapid development of the social economy,consumer awareness of protecting their rights is constantly increasing.If consumers excessively protect their rights during the process of safeguarding their rights,it is easy to be evaluated as threatening and intimidating extortion.Extortion has a simple form of charge in China's Criminal Law,which often leads to the phenomenon of different judgments for the same case in practice.There has been a heated discussion in theory about this.This mainly includes objectively asserting whether there are acts of threat,intimidation,and mild violence in the means of claiming rights,subjectively judging whether the perpetrator has"illegal possession purposes"based on whether there is factual or legal basis for the right to request,and whether the amount of consumer claims is legal and reasonable.Taking into account these factors,it is also important to consider whether there is any property damage to the other party when analyzing,which is of great significance in distinguishing between excessive rights protection and extortion.
ConsumersRights protection actionsExtortion and extortionRights protection