Yang Obtain Property Of Kidnapping

Kidnapping and robbery are in China with great harm to society of crime, they not only serious violations of personal rights and property rights of our citizens, but also endanger our society, good order, national security, which is the other criminal can not match. In this paper, Yang restrictions sink a couple of personal freedom, the cases of kidnapping for extortion should the focus of controversy is that the case belongs to the crime of kidnapping or robbery, we compare robbery and ties and differences of the crime of kidnapping, kidnapping and robbery. analyze and in-depth study and discussion focuses on the constituent elements of robbery, as well as the links and differences between the crime of kidnapping and robbery, and a crime of kidnapping the four characteristics, that is the object of a crime, the objective aspect of crime, the subject of crime, crime subjective aspects of the study to arrive at an important part of the crime of kidnapping. Through these studies, analysis, argumentation, and thus more accurately grasp the concept of the robbery, kidnapping and robbery of a different, the most important thing is to grasp the constituent elements of the crime of kidnapping, and thus a more accurate understanding of kidnapping in China clear concept of kidnapping in China, the main body, the main features of the deep level of the crime of kidnapping is understood that such profound understanding and grasp the characteristics of the various charges of criminal obtained other crimes, apply the law correctly, punishing crimes, protecting our national security, protection of citizens’ personal rights and property rights, is conducive to safeguarding China’s socialist legal system, and thus more conducive to the smooth development of China’s socialist modernization.The paper is divided into five parts:Part two introduced the cause and case, namely the criminal suspect Yang in the process of the victim in the robbery limit freedom of the person of, extort money. The third part is controversy and disagreement:the first kind of opinion about this case a robbery, reason is restricting the personal freedom of activities to be robbery constitutive requirements of the compulsory behavior. The second opinion about this case a kidnapping, reason in this case is restricting the personal freedom of a serious violation of the behavior of the rights of the person, has a kidnapping constitutive requirements of detention. The third kind of thought that the case should be several crimes, a robbery, kidnapping respectively and theft. Reason is every behavior are the respective, respectively, accords with every crime constituents. The fourth part is the central issue:that is in the process of robbery in restricting the personal freedom for money shall form robbery or into kidnapping or should be several crimes. The last part is the research conclusion and the enlightenment, namely that robbery and kidnapping of the constitution of crime, and the difference of kidnapping and robbery kidnapping and scope of subject.