Study On The Discrimination Of Kidnapping、Robbery And Extortion

There are many similarities among the offense of robbery、kidnapping crime and extortion, there are a lot of puzzle on how to differentiate these three accusations(charges), and the standard is not identical, dispute often occur on the theorists. Many scholars proposed their viewpoints to the offense of robbery、 kidnapping crime and extortion, these viewpoints entirely different. This article obtains from a dispute piece of case, carry on the research analysis to define、 relation and difference of offense of robbery、kidnapping crime and extortion, proposed my viewpoint and carry on analysis judge.This article is divided four major parts:First part:introduce the dispute case, leading to the dispute focal points, or this article constitute what crime and constitute one crime or several crimes, and the dispute and their argument.Two part:analyzing accusations of the case. I carry on the research analysis to the constitute elements of the offense of robbery、kidnapping crime and extortion separately, and introduce the theory dispute about these accusations, making my judge. In the kidnapping crime, the object which the crime extorts is not to limit in "the third person", but also the kidnapped. In the offense of robbery, the meaning of on the pot can be extended, but can not be extended at will. The content of threat in the extortion can include the violence.Three part:analysis the relation and the difference among the offense of robbery、kidnapping crime and extortion. Proposed my viewpoint of differentiate the accusations. The difference between the offense of robbery and the kidnapping crime is neither the object of extortion, nor using the "on the pot" in simply. But we must consider whether the injured person and property at the same space or not. The difference between kidnapping crime and extortion is whether there is kidnapping action or not. The difference of the offense of robbery and extortion is the different time of achieving threat and getting property.Four part:analysis the dispute case in the light of theory, proposed my viewpoint. This article constituted kidnapping crime and extortion; it should be put into concurrent punishment for several crimes.