| There is a certain similarity between robbery and extortion.For example,both of them infringe on the property rights and personal rights of others,both of them are used for the purpose of illegal possession,and they can use a certain threat method to the victim.This high degree of similarity determines that the crimes of robbery and extortion are difficult to distinguish in some circumstances,and misjudgment can also be caused in the judicial practice because of the confusion between the two crimes.Robbery and extortion crimes occur from time to time in social life,and these two types of crimes occupy a large proportion of all crimes.In addition,China’s criminal law stipulates the legal penalty for the difference between the two crimes,so it should be more prudent to handle such cases,and it is important and urgent to distinguish the two crimes correctly.This article takes Zhou’s robbery as a perspective and makes a targeted discussion on the distinction between the two crimes in practice.In terms of research methods,this article mainly uses methods such as literature survey,concept analysis,and comparative research methods,and on the basis of drawing on relevant excellent theoretical results,it presents opinions on the distinction between robbery and extortion.In this paper,the number of words except the introduction is about 20,000 words.It consists of the following four parts:The first part is the basic situation of the case.This section first introduced the case of the "Zhou Robbery",and in particular detailed the violence and threats that were committed during the incident;Then there are disagreements in this case,including the parties to the dispute concerning the nature of the case and their respective reasons;Finally,the conclusion of the focus of the dispute is mainly reflected in the following two points: First,the criteria for distinguishing from robbery and extortion is “the two spot” or “the level of violence”? Second,how should the level of violence be identified?The second part is the legal analysis of related issues.This part starts from the concepts of robbery and extortion and compares the means of the two crimes.When explaining the criteria for distinguishing two crimes,it mainly focuses on issues related to “violence”.Firstly,by comparing and analyzing different viewpoints,the means of extortion crime includes the violence on the spot.Secondly,it discusses that the difference between violence in the two crimes mainly lies in different purposes and different degrees,and points out that the criterion for distinguishing the two crimes lies in the difference in the degree of violence.Thirdly,it discusses the standards for determining the level of violence.After discussion,it has been found that “the two spot” standard has a limited role in assessing the level of violence,the general “objective” criterion can evaluate the degree of violence in all situations,and “victim’s will” standard can also be used as a material to evaluate the level of violence.Finally,by comparing the respective advantages and disadvantages of the three criteria,slight recommendations were made when distinguishing between robbery and extortion in practice.The third part is the analysis and conclusion of this case.This part is intended to solve the qualitative problem of Zhou’s behavior in this case.Based on the conclusion of the legal analysis part,the author analyzes the behavior of this case according to the specific situation in the case.On the basis of analyzing the behavior of Zhou and other people according to the situation of "the two spot",furthermore,the degree of violence by Zhou is not enough to suppress the resistance of "ordinary people".The conclusion is that the behavior of Zhou should be characterized as extortion.The fourth part is inspiration.In this section,the author put forward tentative suggestions on how to determine the nature of such cases. |
