论组织乞讨罪的“暴力、胁迫”手段

On the Means of Violence and Coercion in the Crime of Organizing Begging

组织残疾人、儿童乞讨罪的暴力既包括有形暴力,也包括无形暴力。暴力只包括直接暴力,间接暴力则属于胁迫。本罪的胁迫既可针对被害人本人实施,又可针对他人或者财物实施。暴力的下限应以足以抑制被害人反抗为标准,而胁迫则要求达到了使被害人不能抗拒的程度。

The violence in the crime of organizing begging consists of tangible and intangible forms.However,the violence only includes tangible forms.Intangible form is referred to as coercion.The coercion not only can launch to the victims,but also to other people and their property.The lower limit of violence is enough to suppress the revolt from the victim,and the lower limit of coercion is to reach a level so that the victim can not resist.