2013年4月27日“两高”联合发布了《关于办理敲诈勒索刑事案件适用法律若干问题的解释》。从具体修订过程和内容上来看,《敲诈勒索新解释》通篇体现了犯罪、责任、刑罚的有机统一,尤其在立案标准上,罪责刑相适应原则体现地更为突出。按照罪责刑相适应原则的要求,敲诈勒索罪立案新数额标准与经济发展的水平、行为的危害相适应;同时,在特殊情形下,在把握立案条件时将数额标准与行为方式、情节进行综合考量。对于依据《敲诈勒索新解释》第二条第一款这一新标准立案后可能产生的是否构成累犯问题,从内涵出发,罪责刑相适应原则也给出了指引,在立案时已经将前次敲诈勒索犯罪进行评价并纳入考量,在量刑时不应该再对其进行评价,即在这种特殊情形下,不应再作为累犯从重处理。 April 27, 2013 “Two Highs” jointly released the “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Extortion.” In terms of the specific revision process and content, the new interpretation of “extortion and extortion” reflects the organic unification of crimes, responsibilities and penalties. In particular, on the standard of filing a case, the principle of adapting crime, punishment and punishment is embodied more prominently. In accordance with the principle of adapting to the principle of crime and punishment, the new standard of extortion and extortion should be compatible with the level of economic development and the harm of the act. In the meantime, under special circumstances, the standard of the amount should be integrated with the behavior and the plot Consideration. As for the possible problem of recidivism after filing according to the new standard of Article 2 (1) of the “New Explanation of Extortion”, from the connotation, the principle of accusation of responsibility and punishment is also given. At the time of filing, Extortion and extortion should be evaluated and taken into consideration, and no further evaluation should be carried out at the time of sentencing, that is, no reprocessing should be considered as recidivism under such exceptional circumstances.