Study On The Theory And Practice Of Kidnapping

The article makes a systematic exposition of the theoretical and practical issues concerned with the crime of kidnapping by force. The article is composed of two parts, which can be divided into six sections. The first three sections comprise the part concerning the theoretical issues of this crime .The latter three sections comprise the part concerning the practical issues of this crime.The first section is on the accusation of kidnapping by force. The section, expounds the legislative evolution of the crime ,the main arguments on the accusation in the theory and the reasons as well. Furthermore ,on the basis of the constitution theory of crime, considering the requirements of the functions of accusation, the judicial practice and the legislative experience in the foreign criminal laws .The section makes a comment on the arguments and the author points out the necessity and reasonability of dividing the crime of kidnapping in force which is laid down in article 239 of criminal law, into three accusations.The second section is on the constitution of kidnapping by force. The section expounds the elements of the crime such as the object the target the objective respect subjective elements and the subject as well. According to the theories and the judicial practice, the section analyses the arguments in the theory and practice.The third section is on the legally prescribed punishment of the kidnapping by force. The section makes a comment on the regulations of the legally prescribed punishment of the crime points out the flaws in the law, and gives some advice on the improvement of the law. In addition the section expounds the meaning of the two circumstances in which the criminals can be sentenced to death, according to the theories and the requirements of the law and the judicial practice.The fourth section is on the completed crime the attempted crime and the discontinuation of crime. On the basis of the exposition of the objectiverespect of the crime, the article analyses the main disputes in the theory and practice such as the criterion of the completed crime and the attempted crime ,the time for the constitution of discontinuation of crime and so on .The fifth section is on the quantity of crime concerned with kidnapping by force. The section expounds the quantity of the crime in the legislation of kidnapping by force. In addition, the section sums up the six types of the crime concerned with quantity of the crime, and points out the principles of the quantity on every condition.The sixth section is on the joint crime of kidnapping by force. The section sums up the main problems and expounds the four focuses: 1. the time for the constitution of the joint crime of kidnapping by force; 2. the mistakes of the joint crime of kidnapping by force ; 3.the constitution of the discontinuation of the crime for individuals in the joint crime of kidnapping by force; 4.the criminal liability in the joint crime of kidnapping by force.