On The "Two Spot" Standard Of Distinguishing Robbery And Extortion

It is difficult problem that distinguishing robbery and extortion in the judicial practice.On the traditional theory of criminal law,the standard to distinguish between the two crimes is whether using violence on the spot and whether getting property on the spot,namely "two spot" standard.With the development of judicial practice,the problem of "two spot" standard become increasingly prominent:on the one hand,"two spot" do not reflect the difference in the degree of violence between the two crimes;on the other hand,"on the spot to obtain property" is not real effect on distinguishing between two sins.At the same time a large number of typical cases of the results break through the "two spot" standard,from the crime of robbery and extortion of the typical case,we found that "two spot" standard is not the main reference factor.We should re-establish the new standard to distinguish the two criteria.The structure of this paper:First,the "two spot" standard and its problems.This part introduces the concrete connotation and theoretical development of "two spots",and finds out the problems faced by the "two spot" standards under the new theoretical research and judicial practice.Second,the theoretical analysis of the "two spot" standard.At present,there are a lot of questions about the "two spot" standard,and the requirements of the "two spot" standard violence and financial means are not able to distinguish between robbery and extortion.Third,through the case involving a distinction between the two crimes,re-examine the "two spot" standard.Fourthly,drawing on the experience of foreign legislation and judicature,the paper puts forward the new standard of distinguishing crime of robbery and extortion,and analyzing the application in the typified case.It is important to clear the following two elements in the distinction between robbery and extortion:First,the degree of violence is the key of distinguishing robbery and extortion;Second,the loss of property when the victim is a psychological distinction between the two important factors.These two points are new standards that distinguish two crimes.At the same time,we need use these two points to analysis the specific problems.