On the Analysis of Victim-based Factors in the Conviction of the Crime of Extortion
The analysis of victim-based factors in the conviction of the crime of extortion is not only a matter of shifting the perspective but also an inevitable pathway determined by the constituent elements of the crime.For the conviction of the crime of extortion(accomplished),it is necessary for the victim to develop a sense of fear,because only when three factors of the fear,i.e.danger,inability and helplessness exist,the psychological(or volitional)coercion(or oppression)suffered by the victim is the greatest and the influence imposed by the perpetrator on the victim's right to control the legal interests is the strongest,thereby maximizing the possibility of breaking the victim's dominion over the property.The conviction of the crime of extortion(accomplished)requires such an element as the victim's act of disposition,and according to the different forms of the victim's acts of disposition,it is able to make a distinction between the crime of extortion which is a kind of crimes involving delivery with a positive act and the crimes of destructing or discarding property within crimes against property,and the acts of disposition may be used to make a distinction between taking-based crimes with external-to-internal invasion and the crime of extortion which is a kind of delivery-based crimes with internal-to-external invasion.In the determination of the crime of extortion(conviction),the impact of the victim's responsibility on the constitution of the crime falls into the scope of a judge's discretion,and the exoneration may be achieved in the judgment by taking the"saving clause"of Article 13 of Criminal Law of China as the formal foundation of legal provision.
Crime of ExtortionVictim's FearVictim's Act of DispositionVictim's Responsibility
万方数据
维普
