Research On The Distinction Between Robbery And Extortion

The crime of robbery and extortion are two common property infringement charges in practice.The occurrence of the two crimes brings great harm to the property rights and interests of the people,and at the same time will endanger the life and health of the people.Usually,the second crime can be accurately distinguished according to the subjective and objective aspects of the doer.However,when the actor uses violence,especially when the degree of violence is low,the violence may belong to the means of robbery or extortion,and there are often disputes on the nature of the case after the analysis of the constituent elements.Therefore,the use of violence but illegal possession of property should be determined to why the crime needs to be further studied.Taking the first-instance court ascertained that together for robbery,while a second trial court for racketeering sin real case analysis as the breakthrough point,the case of the offender USES violence and obtained the property,as a result of the case of "violence" and whether "obtains the property on the spot" controversial,led to the qualitative case there are different opinions.This paper first briefly introduces the circumstances of the extortion case of Zhao Moumou as well as the judgment views of the two levels of the court on the case,and then respectively analyze whether the case constitutes robbery and whether the crime of extortion.For if the case constitutes a robbery,this article from the robbery violence of external performance and behavior to analysis the case of violent behavior does not belong to the violent robbery,property analysis of the case whether the person on the spot,at the same time from two aspects of subjective and objective analysis,it is concluded that this case the defendant’s behavior does not constitute a robbery.For this case whether constitute extortion crime,this article from the violence whether belong to extortion crime means behavior,the victim will freedom and other aspects of the analysis,the behavior of the defendant in this case constitute extortion crime.Finally,based on the distinction of this case,the author puts forward some thoughts on the distinction of the two crimes and the combination of the violence and the victim’s freedom of will to distinguish the two crimes.