更新时间：08-14 （致青春郑微）提供原创文章
摘要:过度维权的行为在现实中是越来越多见，我们在生活中维权的时候是不是想过我们维权的行为是不是已经超过了必要的限度；我们维权的行为会不会因为过限已经构成刑事责任了，带着这些问题我写了这篇文章。本文的组成：首先，来印证过度维权的事件在现实的生活中时常发生，第一个案件是黄静的华硕笔记本案，第二个案件是房地产招标案。其次是我国关于敲诈勒索罪的构成要件的分析，进一步试着说明与过度维权之间的区别。然后域外法律的规制中吸取和借鉴，从德国、日本对于敲诈勒索罪的认定上，总结我国应该学习哪个地区的哪个学说。接着是基于上面对于过度维权和敲诈勒索罪的分析，我认为应该对敲诈勒索罪的加以限缩。最后，一步步理清中间头绪，划清过度维权和敲诈勒索罪的界限，认为应该对敲诈勒索罪从司法解释上予以限缩和从司法认定上予以限制，这样一来可以为司法实践中处理该问题提供一定的启发和参考。
关键词: 过度维权，敲诈勒索罪，索赔，恐惧心理，事出有因
Abstract:Over rights act in the real world is more and more common,rights in life is not to think about the behavior of our rights is not already exceeded the limits of necessity;The behavior of our rights will not be too limited to constitute a criminal offense, With these questions, I wrote this article. The content of this paper consists of four parts:The first part consists of two cases introduced to prove excessive rights frequent events in real life. The first case although he Asus notebook case, this case we know more,so more easily into excessive rights and extortion; The second case is a Real Estate tender case, this case all aspects of life from another angle distinction may involve excessive rights and extortion. The focus of controversy in the case of listed and analyzed over a brief description of the difference between rights and extortion. Excessive rights and extortion boundaries are very clear, which caused a lot of cases in real life, not timely and effective draw a line and will lead to more disputes.The second part is the analysis of the elements of the crime of extortion, and further try to explain the difference between rights and over; then absorb and learn from the extra-territorial regulation, from Germany, Japan, Taiwan identified for extortionon, summed up China should learn which doctrine which, in China's judicial practice, how it should be a good use, how very appropriate integration into.The third part is the excessive rights and extortion based on the above analysis, I think it should be narrow extortion, extortion, not a crime of pocket, not the shape of behavior can be considered to extortion.Legality strict application of extortion should be cautious to adapt.Finally, a step-by-step to sort out the middle clue, draw the boundaries of excessive rights and extortion that should be on the judicial interpretation of extortion from narrow and judicial determination be limited, so that can be dealt with in the judicial practicethe problem is to provide some inspiration and reference.
Key Words: Excessive rights protection，crime of extortion，claim，fear，Means accidental