Analysis Of The Boundaries Of The Crime Of Kidnapping And Robbery

Because the offense of robbery and kidnapping crime which take extorts the belongings as the goal,have many similarities.In addition to the social reality and the perpetrator behavior way complexity,the cause kidnapping crime which take extorts the belongings as the goal and the offense of robbery pesters in together in many time,Since it has been puzzles the judicial practical realm the question,It is also the question which academic theorists often dispute,discussion,This article obtains from a piece of case, simultaneously draws support other cases,through the case analysis report's form,so as to find out kidnapped the crime and the offense of robbery difference and relation,as well as I carry on the research analysis to differentiate the two's viewpoint of theorists in the practice,and proposed my viewpoint.This article altogether is divided three major parts,approximately 15,000 characters.First part:Case fact and dispute focal point.It includes specifically:(1) main points of a case and case's basic situation.(2) People's Court of DaYing County of Sichuan Province has heared the facts of the case about Tang Mou (3) both the accusant and the defense counsel argue focus,the accusant accuse Tang Mou and so on five defendants to commit the kidnapping crime, however Tang Mou debates his behavior are the illegal detention crime,the other four defendants and attorney debate the four defendants constitute the offense of robbery,but non-kidnapping crime.(4) People's court of DaYing County,Sichuan Province decides legally detailed reason.(5) People's court decides five defendants per person constitution kidnapping crime under law.The second part.The jurisprudential analysis.In this part,the article discuss the definition and constitute elements about the crime of kidnapping and robbery in more detail,conclude associated and difference between the crime of kidnapping and robbery.After kidnapping the crime and the offense of robbery difference and the relation have been carried on the analysis discussion,also to the theorists existence erroneous zone about the discrimination kidnapping crime and the offense of robbery theory has carried on the discussion,while the article pointed out and has proven next two viewpoints:1.the kidnapping crime extorts the object not to limit in is kidnapped outside the human "the third person",may also is kidnapped,the discrimination about kidnapping crime and the offense of robbery,The take extort the object are not merely "the third person" as standards.2.The sinner extorted the belongings on the scene,at that time not to be able to become standard of the discrimination kidnapping crime and the offense of robbery. The article carries on the proof to these two viewpoints,The article have already used the real case which in many realities occurs,also selected has been taken the judicial test question the classical case.The third part.The conclusion of study,in this part,Mainly The article elaborated the research conclusion,the first conclusion is:Extorts the object is only "the third person",cannot separates out the kidnapping crime and the offense of robbery;Only whether to propose extorts on the scene,also cannot separates out the kidnapping crime and the offense of robbery,If we want distinguishes the kidnapping crime and the offense of robbery,must go to the overall evaluation from their constitution important element difference, because the crime constitution important element is the criminal law provision, this stipulated constitution some kind of crime must have basic condition,only this the constitution important element is distinguishes this crime and the other crime's true standard,left this standard,uses other any shortcut easily to present the deviation.The kidnapping crime and the offense of robbery,about kidnapping crime's extorting and offense of robbery in demanding,Their difference does not lie in extorts the object that is the difference,between their basic difference lies in realizes the way that is difference.The second conclusions are:to blackmail property and the crime of kidnapping for the purpose of robbery,the crime of kidnapping and extortion in the robbery in demand,the distinction between the crime of kidnapping and extortion in the robbery in demand is not to blackmail the different it lies in the fundamental difference between achieving of the different ways.In determining the subjective crime,The property is demanded by the perpetrator is "presence" awareness,that is where the shoe pinches distinguish deliberately robbery and kidnapping deliberately,it is the distinction between the crime of kidnapping and robbery one of the keys.Finally according to the research conclusion,The article analyzed the People's court of county of Sichuan province decide five accused people to constitute the kidnapping crime's legal principle.Definitely People's court's ruling is right.