The Distinction Between Robbery And Extortion

Crime of robbery and extortion is the more common crime in judicial practice,both crime belongs to the type of property crime,and the behavior way,the purpose,methods,as well as similarities,and determination of two crimes there has been a large controversy in the judicial practice,the theoretical circle is based on "two" on the point of view,whether it was the use of violence,whether the money on the spot as two points to the sin of standards,however,as the property type crime is more and more complicated and varied,judicial practice with traditional "two" on the point of view is difficult to clarify the boundaries between the two crimes,cannot solve the problem of the cognizance of the two crimes in practice.At the same time,the crime of robbery and the crime of extortion have great differences in the sentencing,so it is an urgent problem to correctly distinguish between the two crimes,and it is of great legal significance to clarify the boundary of the two crimes for the accurate determination of the case,the maintenance of the fairness and justice of the law,and the maintenance of the basic human rights of the parties.This paper takes the case of jiang mou,wang mou and others in the judicial practice as the starting point,and differentiates the boundary between the crime of robbery and the crime of racketeering theoretically.The full text is about 20,000 words,in addition to the introduction,it is divided into three parts,the first part: the brief case and the focus of the dispute,the basic case of jiang mou,wang mou and others extortion case is briefly introduced,and elaborated on the differences of opinion about the case,the focus of the dispute of the case is summarized.The second part: case,through the case involved in the crime,the crime of extortion and analyzes the domestic legislation of the robbery,and the crime constitution of crime of two analyzes from the legal theory,sets out the differences of the two crimes,and for this case several qualitative,the defendants' criminal behavior come to the conclusion that the defendant constitutes crime of extortion.Part three: thoughts and Suggestions.In this paper,the author puts forward his own thoughts on the shortcomings of the existing theories of discriminating two crimes,the "violence theory" and the "two on the spot",and puts forward some Suggestions on improving the demarcation between the crime of robbery and the crime of extortion.This paper aims to provide references and ideas for the discrimination of the two crimes in judicial practice,so as to help distinguish the crime of robbery and extortion,to deal with the complex situation in judicial practice,and to realize the justice of judicial trial.