Discussion On Conduct Of Extort In Criminal Law

The conduct of extort is a offence which can confuse with robbery,false and other offence easily, especially in some of the non-typical criminal cases, it is too hard to identify the conduct of extort. The conduct of extort is defined that the offender impose others on minor violence or horrible, to threat others to deliver property or interest of property. However, our country criminal law scholars get some research on the conduct of extort, but the research is very scattered, largely reflected on the research on the objective of extortion. Especially there is much research on the structure of extort, intimidation, threats of violence on the spot, the standard of intimidation, and the attribution of interest of property and payment for illegal reasons. Therefore, it is necessary to research on the conduct of extort and other related issues systematic, so as to guide the judicial practice better.The paper analysis the concept of the conduct of extort and structure, re-define and build the structure of the extort, analysis the boundary which the conduct of extort with acting right in a threatening manner, general intimidation and other criminal acts. The structure of extort is intimidating behavior-into fear-dispose of property-property damage, and conclude that the offender will be the conduct of extort without the property damage. When the offender does not get the property, It does not mean that the property of victim is damaged. In internal structure of the conduct of extort, the intimidation can point to minor of violence on the spot, or to take property in the future. About the standard of fear, the author adhere to the point of subjective ;about the scope of property ,the author thinks that the criminal law should protect the property interests and the payment for illegal reasons .