On The Difference Between The Kidnap And The Robbery

According to the 239 th section of the criminal law,the crime of kidnapping can be divided into two categories: extortion and hostage taking.No matter in theory or in practice,the most likely problem is extortion kidnapping.Among them,the most difficult problem is how to draw a clear line between robbery and crime so as to realize the scientific nature of conviction and the impartiality of sentencing.Although this problem has not attracted the attention of the academic circle,in practice,many cases have been pushed to the level of urgent need to be solved,such as the "kidnapping case of Wang and so and so on".Therefore,it is necessary to try to solve it.This article belongs to the case analysis master's thesis,taking "Wang Mou and others kidnapping case" as an example,to solve the above problems,mainly from the following three aspects to be carried out.The first part of the article is the case and the focus of the dispute.Through a brief introduction to the case of "the kidnapping of Wang and so on",this paper outlines two points of dispute which is worth reviewing,and then leads to the core of the review.The second part of the article is the case evaluation.On the two controversial points of "Wang Mou and others kidnapping case",it leads to a review of the elements of crime such as kidnapping and robbery.On this basis,appropriate conclusions are drawn on the two controversial points.The third part of the article is thinking and suggestion.On the one hand,it summarizes the first two parts of the article,and concludes that the boundary between extortion kidnapping and robbery is an urgent problem to be solved in practice.On the other hand,we put forward four suggestions on how to clear the limits of the two crimes,that is,the necessity of dividing the legal interests,the means of behavior,the object of behavior and the subjective purpose.