Legal Analysis Of Extortion Cases By Jia And Dong

As we all know,the crime of infringing upon the property rights of citizens is the most important chapter in the criminal law.Many charges in this chapter are more or less similar in terms of the constitutive requirements.However,due to the relatively rough provisions of the criminal law in China on these similar charges,the theoretical circle has a heated discussion on how to distinguish the similar charges and how to determine the boundary between this crime and that crime;In judicial practice,the number of difficult cases about the difference between this crime and that crime in this chapter is large,and the focus of controversy is also prominent.In this case,there are two controversial focuses,one is the determination standard of the crime of forced transaction,the other is the boundary between the crime of robbery and the crime of extortion,all of which are easily confused in the crime of infringing property rights.In this regard,we should divide the strength of means and the consideration of payment into two parts: one is the crime of forced transaction,the other is the crime of extortion,the other is the crime of robbery.The comprehensive analysis shows that: 1.The defendants in this case have the purpose of illegally occupying other people's property,and do not have the "transactional characteristics" of the crime of forced trade.Although they only use low-intensity violence,they make the victim pay "unreasonable consideration",and the victim is a general consumer,so the defendants in this case do not constitute the crime of forced trade;2.The violence committed by the defendants in this case The behavior of coercion does not meet the standard of suppressing theresistance of the victim,and the victim does not lose the freedom to dispose of the property,but is based on the fear,which belongs to the disposition of the property with defects in will,so it is not a robbery crime but a crime of extortion.