Difference Between Crime Of Robbery And Crime Of Extortion

Crime of robbery and extortion has a certain similarity, they are for the purpose of illegal possession, use the way of threat, and cause the consequences that take illegal possession of the victim’s property. Crime of robbery and extortion in the people’s Court in the trial of criminal cases occupy a considerable proportion, but according to the criminal law of our country, crime of robbery and extortion in the sentencing of crime has a great deal of difference. So distinguishing between the two crimes to handle such cases in the practice is of great importance. On one hand, it can protect the lawful rights of the parties. On the other hand, it can protect fairness and justice in a judicial. In this paper, according to the case about Sun Jun and the other case about He Musheng, we analyze the differences between crime of robbery and extortion. By using literature retrieval method, case analysis and comparative analysis, we try to get their differences.This paper includes six parts, Part One: the introduction. Part Two: through the case the distinction between the two crimes. Part three: the comparison between the means behavior of comparison in objective aspect. Part Four: the comparison between forms of property in objective aspect. Part Five: the comparison between two crimes about "on the spot" and Part Six :the conclusion.The first part is the introduction part, it mainly analyzes that crime of robbery and extortion has a certain similarity, so the two crimes more easily confused in practice. There are some disputes in academic circle, this paper aims to integrate the theories with practice. In this case, clarify the differences between the two crimes.The second part using the two cases in practice: Introduces the two cases of the case about the verdict and sentence reason, lists the practice for two cases of criminal behavior.The third part is the comparison of two crimes in objective means.Compare the means of behaviors in three aspects: 1, the means of behavior way; 2, the comparison of degree of means of behavior; 3, the level of the violence acts.The fourth part is about the comparison between forms of property in objective aspect. Compare the relationship between subjective "autonomy" two angles of the victim in the crime of robbery and extortion, and the differences in the forms of possession of the property.The fifth part is the comparison between two crimes about "on the spot". Finally get the conclusion that the standard of “on the spot” can’t be the fundamental principles. The fundamental principles should be that the level of the violence.The sixth part is conclusion. By way of case analysis, this article combed the differences of the crime of robbery and extortion, put forward some personal views and hope to take some reference advantages in practice.