抢劫罪和敲诈勒索罪在刑事案件实务中是较难辨析的一对罪名,在司法实践中涉及这两种罪名时如何进行科学的判定和区分也是刑法学界和司法实务界研究的热点。本文通过分析案件事实,根据本案的犯罪构成,遵循主客观相统一的基本原则,对案犯的行为做出法律上的评价也即对其罪责的进行判定。这个判定的过程首先要区分罪与非罪,之后是认定此罪与彼罪,最后考量从轻与从重处罚情节,本文就是按照这个思路展开的。 Crime of robbery and extortion in criminal case practice is more difficult to distinguish between a number of charges in the judicial practice involving both charges how to make scientific judgments and the distinction is also criminal law jurisprudence and judicial practice research hot spots. By analyzing the facts of the case, according to the constitution of the crime in this case, and following the basic principle of the unity of subjectivity and objectivity, this article makes a legal evaluation of the offender’s behavior, that is, judges his guilt. The process of this decision must first distinguish between sin and non-sin, then determine the crime and the other, the final consideration of the lighter and heavier punishment plot, this article is carried out in accordance with this idea.