Limit Analysis Of Robbery And Kidnapping, Extortion

In real life, kidnapping, extortion and robbery cases have occurred from time totime. These crimes is not only a serious violation of citizens’ property or other rights,the more serious threat to the health and lives of the victims, and the personal rights ofcitizens, therefore has always been concerned. But in the process of recognition of thespecific cases, due to the different understanding of the legal norms, plus the complexdiversity of the crime action, it often sparked controversy. Robbery and kidnappinghave essentially commonality and are entirely possible mutual tolerance among thesame case; in the Branch of Criminal Law, extortion and robbery belong to theinfringement of property crime, besides both involving violations of civil personalrights and property rights, criminal means is very similar. Therefore, in the judicialpractice, robbery, kidnapping and extortion is often difficult to distinguish. In addition,there are significant differences in sentencing for each of the crime; the differentconviction often determines the different sentence. Therefore, we must correctly graspthe different between robbery, kidnapping and extortion, in order to make the case toget a fair deal.The paper takes the qualitative controversy of Zhang’s case as the breakthroughpoint, from the perspective of legal provision and legal theory, the constitutiveelements of crime and the difference involving the robbery, the crime of kidnappingand extortion in the case are analyzed. Then combined with the particularcircumstances of the case, the controversial elements of those crimes in the theory andpractice are analyzed, which is going to find out the real difference between the crimeof robbery and kidnapping and extortion. Finally, based on the foregoing analysis, thenature of Zhang’s behavior will be concluded.The paper is divided into five parts, which is about15000words.The first part: the cause of action, namely Zhang’s robbery case;The second part: case introduction, this part concisely describes the basicsituation of the case;The third part: the focus of controversy, namely how zhang’s behavior in thiscase should be qualitative; The fourth part: differences of opinion, the part list three different opinions onZhang’s behavior in this case and its main reason;The fifth part: the research conclusion, this part is the main part of this paper,mainly from the aspects of legal theory and legal provisions, first, brief introductionto the constitutive elements of crime involving the crime of kidnapping, extortion androbbery in the case; second, according to the constitutive elements of crime, compareand clear the difference between them; again, combined with specific cases, find outcomplicated problems when distinguish between this crime and other crime cases,carry on the concrete analysis and demonstration, and further define the boundariesbetween crimes; last, on the basis of the foregoing, with analysis of zhang’s specificbehavioral characteristics conclude that Zhang’s behavior should be defined as thecrime of robbery.