After negating the traditional “two spot” standard, the academic circles and judicial practice have not reached a consensus on how to properly distinguish the crime of extortion and robbery. From the perspective of judgment, the previous views that the boundary rules of the two crimes are based on the wrongful act or mainly on the wrongful result are still questionable. The different levels and functions of the two perspectives should be clarified, and the boundary rules should be constructed based on the “lawless perspective of behavior under the guidance of result lawlessness”. On this basis, two crimes should be divided according to the standard of the possibility of other acts, that is, starting from the common concept of ordinary people in society, it is investigated whether the victim is in a state of necessity under the influence of the coercive acts carried out by the actor according to the assumption of the actor, and then can be evaluated as the possibility of other acts in terms of loss of property at the normative level. In this regard, it is necessary to focus on judging whether the perpetrator can make the victim feel the immediate danger to life or body, and whether the victim has fallen into a state of necessity.
于改之,邹宏建. 敲诈勒索罪与抢劫罪的界分:视角、标准与适用[J]. 浙江工商大学学报, 2023, 37(5): 58-70.
YU Gaizhi, ZOU Hongjian. Boundary of the Crimes of Extortion and Robbery: Perspectives, Criteria and Application. Journal of Zhejing Gongshang University, 2023, 37(5): 58-70.