Illustrated By The Case Of Threat To Infanticide Obtain Money To The Mother Of The Baby On The Spot

Many similarities are largely existed in Subjective aspects&Objective as-pect of kidnapping and robbery crime. Consequently, dispute can be easily seen in academia and judiciary. Starting from a controversial case, this paper will analyze elements of two crimes and its comparison. Eventually, key difference,"two on-the-spots", will be put in the conclusion. Furthermore, distinctive point also raises to define the robbery of housebreaking in residence with both public and private feature.This paper has three parts and15000words.Chapter1tries to profile this case and its controversy. Intro of this case and judgment of court are put in the first point. Then different points in academia, kidnapping, robbery and burglary, is also included in chapter1.Chapter2tries to analyze this controversy. Firstly, this chapter will define kidnapping and robbery. Then comparison between these two is mentioned. Eventually, it will draw to the conclusion that property requesting towards the third party and "two on-the-spots" is the key element to differentiate these two crime. The relationship between hostage and the third party is not the key solution to differentiation. Chapter3tries to analyze the conclusion. Firstly, we will testify "two on-the-spots" theory by using on the case we discussed in the chapter1. Secondly, we will elude the possibility of burglary in this case by the unity of subjective and objective.Eventually, we reconfirm the rationality of court’s judgment by legal reasoning above.