敲诈勒索罪次要法益之辨析

Analysis of the Secondary Legal Interests of the Crime of Extortion

我国刑法学界主流观点认为,敲诈勒索罪侵犯的次要法益是人身权,但是这一认识并不周延和准确,通过对敲诈勒索罪行为构造和被害人感知视角的分析,该罪侵犯的次要法益应是意思决定自由权。意思决定自由是人身自由权的基础,很多国家和地区的刑法典中都有专门保护该法益的胁迫罪与强制罪,我国还付之阙如。明确宣示对这一法益的保护,是界分敲诈勒索罪与其他财产犯罪的重要依据,也是强化对公民精神自由层面刑法保护的应然选择。

The mainstream views in the academic circle of criminal law in our country hold that the secondary legal interest of extortion is personal right,but this understanding is not comprehensive and accurate. From the analysis of the composition of the extortion and the victim’s point,the paper reveals that the secondary legal interest being infringed by extortion crime is the freedom of will decision. Freedom of will is the foundation of the right of personal freedom,many countries and regions have stipulated in their criminal codes that the coercion crime and the compulsory crime are specially designed to protect the freedom of the determination of the will of citizens,but there is no such regulation in China. So the protection of this secondary legal interest should be clearly claimed,which is the important basis of dividing the crime of extortion and other property crimes,and is an inevitable option to strengthen the protection to the civil spiritual freedom in the field of criminal law.