Boundary Analysis Of Robbery And Extortion

Robbery and extortion are the same as natural prisoners,both in judicial practice occupies a considerable proportion.They have a lot in common,for example,in the constituent elements also have a certain degree of similarity,such as the subjective are for the purpose of illegal possession,objectively can use the threat means,the consequences of harm may cause other property damage,etc.But In our criminal law,the two crimes are very different punishment.Therefore,whether it is to protect the overall situation of human rights,or to harmonize the standards of judicial recognition,the correct distinction between the two criminal boundaries are of great significance.But the theoretical circles of the traditional "two on the spot" of the boundaries of the larger controversy,which led to the chaos in judicial practice.Taking the example of robbery in my investigation,the article analyzes the shortcomings of the "two spot" standards on the basis of the relevant theories of the theory and the practice of judicial practice by comparing the foreign criminal law provisions in the paper.It is concluded that the boundaries of the two crimes should be sufficient to suppress the resistance.After that,the judgment method and standard of the degree of coercion are discussed.Full text of about 21,000 words,in addition to the introduction part,the main body is divided into four parts.The first part: the case of the case and the basic case were briefly introduced,and the existence of the differences in the case and the focus of controversy were summarized.The second part: the legal analysis of related issues.In order to ensure the completeness of the case analysis,the author first makes a rough discussion on the judgment of the number of the harm acts,and then discusses the boundary standard of the crime of robbery and extortion.Finally,a simple discussion about home robbery,armed robbery.In the stage of discussing the limits of the two crimes,the author reviews the controversy surrounding the "two spots" boundary standards,enumerates the dilemma of proving the "two spots" standards,and compares it through international and interregional legislative provisions.In the light of the historical process of the development of criminal law in China,to find the reasons for the theory of chaos.And then,it is concluded that the offense of extortion includes a means of violence,and it is more reasonable to enforce the degree of repression as a boundary.After that,the author analyzes the degree of compulsory behavior in the crime of robbery,and discusses the judgment standard.The third part: The conclusion of the case.Through the summary of the contents of the legal analysis,so as to draw conclusions on the relevant issues.Finally,some of the views expressed on the referee instruments.The fourth part: the revelation of the case.Through this article on the case study,the author hope to help others clear the boundaries of the two crimes.