A Study On The Behavior Of Forcing The Victim To "Debt"

Due to robbery, kidnapping and extortion in a certain extent, similarities, coupled withthe complexity of the reality of social and criminal behavior crime, resulting in judicialpractice, they are often intertwined, having long been troubled judicial practice, is also quitecontroversial in the academic community. Departure from a typical case, the essentialdifference between the study of robbery, kidnapping and extortion, and put forward their ownviews.This paper is divided into three parts, about Twenty thousand words.The first part: the facts of the case, and the focus of controversy. Specifically:(a) thecause of action and the basic circumstances of the case. Summer and other people in theseizure victim and robbed of their belongings and strong charge its home spot to Wei parentdemanding money.(B) The point of contention of the prosecution and the defense. Theprocurator organs think Xiao et al forcibly rob Wile constituent elements of the property inline with the robbery, shall constitute robbery. Counsel that summer et al direct violation ofnot belonging Woe own money or possession, its behavioral characteristics does not fullymeet the requirements of the robbery conviction, but should be identified as extortion.(C)After the court hearing, finds Xiamen defendant a series of acts established the crime ofkidnapping.Legal Analysis of the second part. In this section, robbery, kidnapping and extortionmade an essential distinction, specifically:1. Taken on the spot Choir is not a necessaryfeature of the robbery, in recognizing violent means can also become a means of extortionbehavior, the offense may also spot the implementation of minor violence. Spot for the crimeof kidnapping does not necessarily require robbed the victim from the place, even if the actsof kidnapping are not will be kidnapped away from the scene, is also can be completed in thethird person is forced to participate in acts of kidnapping. Admitted acts of violence can be ameans of extortion while further analysis of the level of violence to distinguish betweenrobbery and extortion.3robberies are to obtain possession of property, extortion andkidnapping and delivery, made delivery more judge robbery, one of the characteristics of thecrime of kidnapping and extortion.The third part concludes with the revelation. I come to the conclusion of the casebetween the sin and the sin of Legal Analysis, that behavior of Xiamou et al constitutes the crime of robbery, not the crime of kidnapping or extortion. At the same time I believe that inpractice can refer to the part of Legal Analysis, to be more accurate and reasonable toconviction and sentencing.