本文认为消费者因商家出售瑕疵商品而向其索赔,提出索赔数额不过是双方在协商解决纠纷过程中要约的内容而已,在协商未果或裁决未生效的情况下,应赔数额仍未确定,不能依据主张数额认定超出权利范围,从而认定行为成立犯罪。因此,消费者维权过程中“敲诈勒索”行为不构成敲诈勒索罪。 This paper argues that consumers seek compensation for the sale of defective goods by the merchants. The amount of the claim is only the content of the offer made by both parties during the negotiation and settlement of the disputes. In the event of the failure of negotiation or the failure of the ruling, the amount of compensation should not be determined. Based on the claimed amount beyond the scope of the right to determine the act to establish a crime. Therefore, consumer rights extortion “extortion ” behavior does not constitute extortion blackmail.