The Demarcation Between Kidnapping And Robbery

Because the robbery and kidnapping crime which take extorts the belongs as the goal,have many similarties.Since it has been puzzles the judicial practical realm the question.It is also the question which academic theorists often dispute.This article obtains from a piece of case,simultaneously draws support other cases,through the case analysis repport’s form,so as to find out the difference and relation between kidnapping crime and the offense of robbery,as well as I carry on the research analysis to differentiate the two’s viewpoint of theorists in the practice,and proposed my viewpoint.The article is divied three major parts,approximately16,000characters.First part:Case fact and dispute focal point.It includes specifically (1)main points of a case and case’s basic situation.(2)People’s Court of Lezhi County has heard the facts of the case about YuanMou.(3)both the accusant and the defense counsel argue focus.The accusant accuse YuanMou and so on four defendants to commit the kidnapping crime.(4)People’s court of Lezhi County decides legally.The second part:The jurisprudential analysis.In this part,the article discusses the definition and constitute elements about the crime of kidnapping and robbery in more detail,concludes associated and difference between the crime of kidnapping and robbery.After kidnapping the crime and the offense of robbery deference and the relation have been carried on the analysis discussion,also to the theorists existence erroneous zone about the discrimination kidnapping crime and the offense of robbery theory has carried on the discussion,while the article has proven next two viewpoints:1.the kidnapping crime extorts the object not to limit in "the third person",may also is Kidnapped.They extorting the object are not merely "the third person" as standard.2.The sinner extorts the belongings on the scene,at that time not to be able to become standard of the discrimination kidnapping crime and the offense of robbery.The article carries on the proof to these two viewpoints. The third part:The conclusion of study.In this part,mainly the article elaborated the research conclusion,the first conclusion is:Extorts the object is only "the third person",can not separates out the kidnapping crime and the offense of robbery;Only whether to propose extorts on the scene,also can not separate out the kidnapping crime and the offense of robbery,If we want distinguishing the kidnapping crime and the offense of robbery,must go to the overall evaluation from their constitution important element difference,because the crime constitution important element is the criminal law provision,only the constitution important element is true standard to distinguish this crime and the other crime’s,left this standard,use other any shortcut easily to present the deviation.the kidnapping crime and the offense of robbery,their difference does not lie in extorts the object.The second conclusions are:to blackmail property and the crime of kidnapping for the perpose of robbery,the crime of kidnapping and extortion in the robbery in demand, the destinction between the crime of kidnapping and extortion in the robbery in demand is not to blackmail,it lies in the fundanmental difference between achieving of the different ways.In determinating the subjective crime,the property is demanded by the perpetrator is "presence" awareness,it is the distinction between the crime of kidnapping and robbery.Finally,according to the research,the article has analyzed the People’s court of LeZhi county decided four accused people to constitute the kidnapping crime’s legal principle.