On The Judicial Determination Of The Crime Of Kidnapping And Its Legislative Improvement

The crime of kidnapping is a new charge added into the Criminal Law of the People's Republic of China (revised in 1997). Since the promulgation and enforcement of the current criminal law, educational circles of criminal law have been carrying on spirited debates over several problems about the crime of kidnapping and have been undertaking beneficial guests for the legislative improvement of the crime of kidnapping. These thorough discussions will be helpful to the correct determination of the crime of kidnapping in the judicial practice and quests for the legislative improvement will benefit the progress of the criminal legislation.The first chapter of the thesis is about the determination of constitutive elements of the crime of kidnapping. Firstly discuss the determination of the object of the crime of kidnapping and hold that the object of the crime of kidnapping is a simple object: the personal liberty of others. Secondly discuss the determination of the criminal act of the crime of kidnapping and hold that the criminal act of the crime of kidnapping is a single act: kidnapping. Lastly discuss the determination of the criminal purpose of the crime of kidnapping and mainly inquire the criminal purpose of "the crime of kidnapping by hostage taking".The second chapter of the thesis is about the determination of criminal patterns of the crime of kidnapping: Firstly discuss the determination of the discontinuance of the crime of kidnapping. Secondly discuss the determination of the complicity of the crime of kidnapping Lastly discuss the determination of aggravating patterns ofthe crime of kidnapping and put forward my own views about the criminal liability of a person who has reached the age for relative criminal responsibility on the basis of the understanding of the aggravating constitution of the crime of kidnapping.The third chapter of the thesis puts forward the problem of the legislative improvement about the crime of kidnapping on the basis of the preceding parts, points out that there is much room for improvement in Article 239 in Criminal Law and brings up the revision clause of it.