The Difference Between The Crime Of Extortion And Robbery

In modern life, laws are closely related to every person. Violations from simple ones to serious crimes happen every day. Extortions and robberies are always concerned seriously because they threaten the property rights, even health and lives of citizens. But during process of specific defining, there are differences in peoples' understandings and complex details of cases. Therefore, dispute on definition of "whether extortion of robbery" are quite often. It's not easy to reach an agreement.Extortion and robbery are both serious crimes. They may easily harm both citizens' personal rights and property rights. However, extortion and robbery are both property crimes as well, posing similarities on crime methods and crime forms. Such features no doubt will create perplexities on distinguishing these two. Meanwhile, it also creates difficulties for judges.The thesis takes the dispute on extortion of Zhang Ni, Sun Luoluo and Huang Chao as example. Comparing differences of these two crimes by legislative provisions and crime constitution theory, thesis can draw a line between these two crimes from the source and get conclusion with analysis on case's feature.First of all, thesis briefly states the problem, basic situations of the case. Then with the description of disagreement among public prosecution organ, lawyer and court, the key will be put forward, which is how to distinguish extortion and robbery.These two crimes are very similar in objective aspects while the fundamental was �whether the violence of actionsuppressed the resistance of victim�.Secondly, thesis introduce the analysis of legal theories of extortion and robbery,based on four elements theory, describing the two crimes' criminal elements.Violence of robbery can enforce the third person. The effect of such violence on victim is actually compelling. And the coerce of robbery should be limited to violence. People between 14 to 16 can be the crime subject of the robbery after event.The key of extortion contains five parts, whose nature and core was surrendering belongings for fear. This crime' violence belongs to intimidation,it's violence not require be enough powerful to prevent resistance.Thirdly, thesis introduce the analysis on differences of extortion and robbery by legal theories again. Comparing the constitution of these two crimes and describing similarities and differences in detail. These two crimes are similar. From the constitution of the two crimes, they all against complex object, including personal rights and property rights. And their object is belongings and property interests. In objective aspects, these two crimes can use violence and coerce. The criminals have subjective purpose of illegal possession, and it only can be directly intentionally. The crime corpus is general subject, units cannot be the crime corpus in these two crimes.Theoretically, penal law divides property crimes into crimes of destroying property,obtaining property and nonperformance of debate. Robbery is typical crime of obtaining property, while extortion is crime of delivery property.Finally, thesis analyses the feature of the case and talks about levels and contents of violence and compelling. Violence of robbery will only be the narrowest sense.However, violence of extortion fear doesn't have to suppress the resistance of victims.Giving rise to victim's fear will be enough. Therefore, thesis describes the theory of �Two Spots� and denies it. Extortion can also act violence in the act and obtain property in the act. The standard to separate these two crimes is not �Two Spots�,but �whether the violence of actionsuppressed the resistance of victim�. Detail analysis deems Zhang's light violence, which cannot suppress victim's resistance.Therefore, decision of the court is extortion.