过度维权与敲诈勒索是分属于不同法律部门的两个法律概念,受不同的法律规范调整。过度维权属于民法学范畴,消费者在维护自己合法权益的过程中,只要没有非法占有的目的,没有实施损害经营者名誉权的行为,无论是开出天价的索赔数额还是向媒体或公众公开经营者的错误,都不构成敲诈勒索罪。将过度维权认定为敲诈勒索既不符合现行民事与刑事法律的规定,也有悖于公平正义和刑法应有的谦抑性。 Excessive rights and extortion are two legal concepts that belong to different legal departments and are regulated by different legal norms. Excessive rights protection belongs to the category of civil law. Consumers, in the process of safeguarding their legal rights and interests, fail to implement any act of damaging the fame and reputation of the operator as long as there is no illegitimate possession, whether it is the amount of claim for the exorbitant claim or the open operation to the media or the public The mistake of anyone does not constitute extortion blackmail. Identifying excessive rights as an extortion does not conform to the existing provisions of civil and criminal law as well as fairness and justice and due restraint of criminal law.