对绑架罪和抢劫罪界限的探析-法律学专业毕业论文.pdfVIP

Abstract Because the offense of robbery and kidnapping crime which take extorts the belongings as the goal, have many similarities. In addition to the social reality and the perpetrator behavior way complexity , the cause kidnapping crime which take extorts the belongings as the goal and the offense of robbery pesters in together in many time , Since it has been puzzles the judicial practical realm the question, It is also the question which academic theorists often dispute , discussion. This article obtains from a piece of case, simultaneously draws support other cases, through the case analysis reports form, so as to find out kidnapped the crime and the offense of robbery difference and relation ,as well as I carry on the research analysis to differentiate the twos viewpoint of theorists in the practice, and proposed my viewpoint. This article altogether is divided three major parts, approximately 15,000 characters. First part: Case fact and dispute focal point. It includes specifically: (1) main points of a case and case’s basic situation.(2) Peoples Court of DaYing County of Sichuan Province has heared the facts of the case about Tang Mou (3) both the accusant and the defense counsel argue focus. the accusant accuse Tang Mou and so on five defendants to commit the kidnapping crime, however Tang Mou debates his behavior are the illegal detention crime, the other four defendants and attorney debate the four defendants constitute the offense of robbery, but non-kidnapping crime. (4) Peoples court of DaYing County，Sichuan Province decides legally detailed reason.(5) Peoples court decides