Research On The Judicial Cognizance Of The Crime Of Extortion

The crime of extortion and extortion has great social harmfulness and frequent occurrence,and has certain combination in the objective aspect.At the same time,due to the unclear legislation and the lack of in-depth theoretical discussion,etc.,there are more and more knotty problems in the judicial cognizance of this crime.This article will carry on the thorough discussion to the extortion crime cognizance related question.The object violated by the crime of extortion should be a complex object.Based on the special criminal method of the crime,besides the infringement of property rights,a series of personal rights,such as the victim’s freedom of will,will also be inevitably infringed upon.In the objective aspect of the crime,the compromise should be adopted to judge whether the victim has fear,that is,the coercive means of the perpetrator can be regarded as the coercive means of the crime as long as it is enough to suppress the free will of the victim or the common people.In the subjective aspect of the crime,the property interests should be included in the scope of protection of the crime,the criminal aim of the crime should be defined as “Illegal possession or illegal demand of public or private property or property interests for the purpose”.The crime of excessive protection of rights and the crime of extortion should be distinguished from the subjective and objective aspects,in which the theory of social equivalence is more reasonable when the purpose of illegal possession is determined.On the demarcation of this crime and the crime of robbery,neither of the two crimes excludes the means of threat of violence,and both of the standards of violence-centered and “Two on the spot”have defects,it should be distinguished from the mode of conduct and the victim’s freedom of punishment.On the demarcation between this crime and the crime of forced transaction,the theory of transaction purpose is reasonable in the construction of the judgment standard,but it has the tendency of severe punishment and needs to be further improved,only through the comprehensive consideration of the purpose and the authenticity of the transaction behavior,can we distinguish the two crimes accurately.