Research On Several Issues Of Extortion

Article 274 of the Criminal Code stipulates the constitutional elements of crimes of extortion and blackmail in the form of concise crimes.The specific applicability is not strong.There are big differences in the theoretical circles regarding the identification and sentencing of crimes in the full case with respect to objective behaviors,criminal targets,amounts,and the circumstances in which both attempts have been made.The objective behavior of extortion should include violent means.In the case of violence on the spot and financial gain on the spot,the intensity of violence is the key to the distinction between extortion and robbery.With the development of economy and society,the connotation and denotation of public and private property have been constantly changing,and the protection of property rights and network virtual property has become increasingly important.The criminal target of extortion and extortion should include property rights and network virtual property.The path should be clearly defined through legislation or judicial interpretation to ensure the seriousness of criminal law and the operability of judicial practice.The amount is a quantitative measure of the constitutional elements of the offence of extortion and blackmail.It should be understood in the sense of the standard amount.In the case where multiple extortions have not yet been coexisted,the amount of the attempted sum will be calculated in a combined and cumulative manner,taking into account the influence of the amount of attempted damage on the form and penalty of the crime.