Differentiate The Kidnapping Crime From The Robbery Crime

This article contains five parts.The first part is the introduction. Whether the constitutive elements contains the third party or not, which is the key to understand the kidnapping crime and the robbery crime. The confused expression and severe charges in an indictment bring some difficulties on the conviction and punishment. The principle of pro-defendant makes it important to explain above questions. But the principle of a legally punishment for a specified crime is a better way to differentiate the kidnapping crime from the robbery crime.The second part has drew a conclusion from the endless debate and analysed the differences of opinions through the Tulin case and the Lu Tieguang case.The third part makes the important points stand out and differentiates the kidnapping crime from the robbery crime. From the opinions in the second part, we easily draw a conclusion: the criminal constitution of kidnapping includes the third party, which is must be clearly expressed in charging of a kidnapping crime; the criminal intent should be clear to the third party , not criminal negligence or the third party's coincidence to recognize the "kidnapping crime". Besides, the object and the subject of crime also differentiate the kidnapping crime from the robbery crime.The fourth part has focused on the legislative improvement on the kidnapping crime.The last part has summed up the opinions and made a summary on the kidnapping crime.