Research on the Dynamic Quantitative Model of the Boundary between Administrative and Criminal Liability for Extortion from the Perspective of Consequentialism

DOI

10.2991/978-2-38476-440-2_54How to use a DOI?

Keywords

Extortion and blackmail; boundaries between administrative and criminal liability; consequentialism; dynamic quantification models

Abstract

This article examines the boundaries of administrative and criminal liability for extortion and blackmail using a consequentialist analytical framework. It systematically investigates the sources of their unlawfulness and the determination of liability degrees. The study highlights the dual dilemma of “illegality of means” and “impropriety of demands” in existing law, pointing out the shortcomings of subjective, objective, and hybrid theories in practical application. It argues that, from a consequentialist perspective, the evaluation standard should prioritize the long-term impact of behaviors on social welfare. Incorporating Posner’s law and economics theory, the article introduces variables such as expected benefits (MB), damage diffusion coefficients (I), actual losses (D), and enforcement costs (C) to create a dynamic quantitative model (criteria for criminalization = MB × I > D + C). This model allows for a parametric analysis of the boundaries between administrative and criminal liability through case comparisons. The article contends that judicial decisions should prioritize the long-term effects of behavior on the rule of law and social order rather than merely case-specific justice. The dynamic quantitative model provides a novel method for evaluating damages and costs, addressing issues related to monetary centrism, subjective ambiguities, and value conflicts, ultimately aiming to reduce inconsistent judgments and enhance the balance between legal standards and social benefits.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Keting Gu
PY  - 2025
DA  - 2025/07/10
TI  - Research on the Dynamic Quantitative Model of the Boundary between Administrative and Criminal Liability for Extortion from the Perspective of Consequentialism
BT  - Proceedings of the 2025 11th International Conference on Humanities and Social Science Research（ICHSSR 2025)
PB  - Atlantis Press
SP  - 459
EP  - 465
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-440-2_54
DO  - 10.2991/978-2-38476-440-2_54
ID  - Gu2025
ER  -