Boundaries Of The Blackmail Crime And Robbery Crime

This paper focuses on the boundary of racketeering crime and robbery crime in the perspective ofviolence or coercion. This paper mainly adopts literature review, case analysis and comparativeanalysis methods. The whole thesis is divided into three parts. The first part mainly introduces thecurrent situation of the boundary of these two crimes and the research significance about this thesis.About the present research situation of the boundaries of these two crimes, on the one hand, carrying onthe summary analysis from the foreign and domestic aspects, a comprehensive introduction andsummary of domestic and foreign criminal law educational world research results on this problem; onthe other hand,combined the legislation in our country and the present situation about the problemsexisting in the judicial practice, introduces academic circles in our country has been put forward to theboundary point method and the research status, at the same time, questioning “The two spot” theory thatis applied to both the academic circles and judicial circles. Studying the boundary problem of these twocrimes is of great significance for the theory and practice. In the judicial practice, violent coercion ofthese two crime cases is very confusing, but in fact there are large differences for theme in the socialharmfulness, so distinguishing between the two crimes is conducive to better realize the legality, thenrealize the judicial justice. The second part consists of the second, three and four chapters of this thesis.This part is the main body part of this thesis. This part mainly carry on comparative analysis to threeaspects that are the violence or coercion behavior, The victim will and the way of the possession ofproperty. Clearly pointed out and analyzed the fundamental difference between two crimes: Theviolence and coercion of racketeering crimes is not enough to suppress the resistance of the victim andthe victim in the case of limited decided to freedom mean flawed decision and then deliver goods;whilethe violence and coercion of robbery is enough to suppress resistance of the victim and the victim in thecase of lose freedom decision will completely lose property. The third part is the fifth chapter of thisthesis and is also the conclusion part, in this part the author puts forward the research results andcombined with case analysis. The author thinks that we should distinguish the two crimes from theessential differences between them,which means put its crime constitution as the logic main line, andthen, judge the cases combined with the three aspects mentioned in the second part of this thesis.