析敲诈勒索罪与寻衅滋事罪之界限

Analysis of the difference between the crime of extortion and the crime of provocation

在刑法分则的罪名体系中,敲诈勒索罪与寻衅滋事罪的某些犯罪构成特征十分相似,给司法实践中罪名的实际认定带来了困难。本文通过分别对敲诈勒索罪与寻衅滋事罪的犯罪构成进行分析,以一个案例为例,从两者的区别入手,对案件进行了了比较详尽的分析,并提出了相关的看法和建议,希望能对司法实践有所借鉴。

In sub-count criminal law system, some characteristics of composing crimes in the crime of extortion and the crime of provocation are so similar that has brought difficulties to the sentence in the judicial practice. The paper respectively analyzed the crime composition of the crime of extortion and the crime of provocation. Took a case as an example to start from the difference between the two crimes, make a detailed analysis and give the relevant views and proposals that is wished to be used for reference for the judicial practice.