Type Of Crime Of Kidnapping And Blackmail The Boundaries Of Robbery

It’s different in the crime of Kidnapping-extortion and robbery. but a lot of typical cases in the judicial practice. It’s have many similarities in kidnapping and robbery. And it’s easy to confuse them. So it can influence the correctness on punishment fits the crime. In order to improve the seriousness of unity, and can answer practical situation in better way. this article is distinguish constitutive requirement in visual, based on the actual cases, to blackmail type of kidnapping and robbery definition makes further discussion.This paper is divided into three parts.First part:asking questions. Briefly stated relevant provision on criminal law in our country about blackmail type of kidnapping and robbery, analysis the historical reason that make them confusion. And explicitly proposed theoretical and practical circles at home and abroad, then, the cause of major controversy.The second part:analysing question. Mainly to analysis constitutive elements of a crime in kidnapping and robbery, and then compare the relation and distinction between them.It has certain commonalities both in the subject of crime, criminal intent, criminal means and crime object. Due to their subject, object recognition of small dispute in the judicial practice, and subjective aspect is represented by objective behavior, so it’s only expound bigger dispute in the objective aspects between them.I think that:the blackmail coerce target is different in them:the man in Robbery violence role and was forced to give up property is consistent, and extortion type kidnapping in the kidnapee and person is not same blackmailed blackmail type, the essence of infringement of kidnapping is violate the third self-determination, it’s not the standard to distinguish "Two spot", because blackmail type kidnapping also exist violence on the spot and obtain the property; the aims is different between on the victim to compulsory means of the two offender:it has oppressive on robbery compulsory means, and it has controlling in extortion type kidnapping, In addition, there are obviously different. both in violent ways, violence and the relationship in take wealth between the crime incomeThe third part:solve the problem. I believes that to distinguish between blackmail type of kidnapping and robbery, must according to both the difference in the constitution of crime, and analysis the case with the specific circumstances organic combination. Therefore, I decided to make a chapter to discusses the puzzling question in judicial practice in specialized(including it occurred in the situation about kidnapping behavior and robbery behavior in the same case).