A Study On The Iris Chang And Others Cases Of Robbery Of Shares

This paper takes" the country's first case of robbery of shares" as an example, the case doesn't exist on the perspective of credit and debt disputes, the criminal instigate others to detention of persons detained Zhang threat of violence to sign the transfer of ownership, change the legal representative of the knowledge obtained in there is no illegal detention of the debt and kidnapping victim, the perpetrator can be identified is the subjective with the purpose of illegal possession of property of others, does not comply with the crime of illegal detention Dun subjective components, it is not the crime of illegal detentionBoth backward to the original defendant, the plaintiff said that the commission contract, the existence of claims 3 million but the crime of obtaining nearly one billion of assets, obtain a copy of the claim should be significantly more than the amount of debt, it is opportunity to blackmail the perpetrator of the same property and personal rights of victims of the law against double benefit, in line constitutes the crime of robbery, not kidnapping.The basic structure of the article include four parts:Chapter1, mainly elaborates this basic case and the focus of controversy;Chapter2, the case and kidnapping;Chapter3, the case and robbery;Chapter4, the case and kidnapping;After three chapters with sub-three cases of theoretical analysis, the first chapter of the focus of the controversy raised by the case of each dispute the legal analysis of qualitative and theoretical conclusion, only the facts of the crime on the specific crime and criminal objective and subjective interpretation of various terms to identify crime.