The Qualitative Research For Extorting By Violence For" Money For Prostitution"

the prostitution is a kind of social phenomenon. Not only does it damage the normal order of social management and good social atmosphere, but it also brings the frequently multiple violent crime and crime against property. As for the qualitative analysis for those cases, people in the theoretical circles and judicial practice have formed a more unified understanding, and a series of relevant judicial interpretations are a part of the solution. But as for the qualitative research of the behavior of extorting by violence for" money for prostitution", there are still some problems in theory and practice. This paper tries to use the case "Yang and Zhao’s extorting by violence for" money for prostitution", through the form of case analysis, it discusses whether Yang and Zhao’s behavior constitutes the crime of robbery or not and other problems.According to the stipulations of the crime of robbery in our current criminal law.In the aspect of criminal constitution,"property", as long as it has the economic value, can be used by human,meet the relevant requirements of the law, and actually being possessed by others, is the object of robbery behavior. About the identification of "illegal possession", in the judicial practice, we often meet the problem how to identify the "illegal possession" when clamming for debt. At this point, it should be a concrete analysis of the behavior that whether it encroach on the criminal object and reach the harm degree of requirements of the criminal law, regardless of whether the debt is legal or out of range. Because in the complex reality it is difficult to distinguish between the legal and illegal property. Of course, in2005, the Supreme People’s court’s " opinion on the applicable law to some problems when hearing the criminal cases of robbery and snatch, specially made this illegal debt" for the gambling money win or lose" be generally" not the crime of robbery." Therefore, the extorting by violence for "the gambling money win or lose" can be not sentenced to the crime of robbery, but the extorting by violence for" money for prostitution" and other illegal debt should not be applicable to the analogical interpretation.The statutory punishment of the crime of robbery was too severe. Through the special provisions of the law,"the gambling money win or lose" is scaled off the crime of robbery, which is in line with the principle of suiting responsibility and punishment to crime. However, this kind of pragmatism-oriented legislative not only conflicts most of the legal theory and social values, but also it acquiesces the behavior of gambling. The Criminal laws should also play the role of value guidance to lead the social development. The rapid development of the criminal law should persist in using the right direction to guide the rule of the progress of the times, reduce guidance, reply and comment of the case and so on.