An Empirical Study Of "Coercion" In The Crime Of Robbery And Extortion

Although,robbery crime and extortion crime are relatively clear in jurisprudence.However,there are a lot of cross sections in practice.Therefore,it is easy to be confused.This essayuses "coercion" as the perspective.It focus on the boundary between robbery crime and extortion crime and summarize the judgement situation of two crimes in judicial practice.And essay will research controversial issue in-depth.So,we can distinguish robbery crime and extortion crime.This essay will divide into four parts.First part chooses and analysis 152 robbery crime cases and 14 extortion crime cases with specific criteria.Statistics coercion?degree of coercive behavior?spatio-temporal urgency of the violation and evil content.Analysis the difference of stress content between robbery crime and extortion crime.The second part combines the theory of criminal law and the empirical analysis of cases to discuss in depth the main disputes arising from the coercive content of robbery and extortion in judicial practice,and draws the "coercion" based on the behavior of the perpetrator.Whether or not the victim can not resist,can effectively distinguish between robbery and extortion.Whether the actor conducts violence on the spot and cannot accurately distinguish between the two crimes and the perpetrator's coercive behavior should not constitute "on the spot".The conclusion of extortion.The third part explores the distinguishing elements of "coercive" robbery and extortion "coercion" in practice from the four aspects of coercive means,violent stress degree,time and space urgency and "harmfulness",and analyzes robbery and extortion.The essential difference of sin,that is,the crime of robbery must use violent coercion.The degree of coercion puts the victim in a state of "cannot resist" and forces the victim to surrender the property on the spot.The "harmful" content only involves personal rights.The coercive means of "blackmail" and the "bad" content are all diverse,and the degree of coercion only needs to reach "not dare to resist".It does not require the on-the-spot nature of the fortune,but also can earn money afterwards.Thereby more accurately characterizing the acts of coercion committed by the perpetrator.The fourth part discusses the classification of several types of difficult cases that use"coercion" means to obtain property,including impersonating law enforcement to illegally acquire other people's property in the name of gambling and arresting,and threatening personal injury to the scene to force the victim to write arrears on the spot.Obtaining the property of others illegally in the name of "protection fee",coercing the victim's "paying the bill" through "drinking" behavior,and subdividing the five types of special cases that cause the victim to fear and deliver the property through violence against "trust".Analyze its difficult points and present the opinions of this article on what kind of crimes should be committed by the perpetrators.